Exploring the Legal Process of Name Change in India

Date : 15 Jul, 2023

Post By admin

Introduction

Changing your name refers to the process of altering name, it could be changing the initials or adding/ deleting a single letter, or changing one’s name completely. If you are willing to change your name then you must note that your new name becomes your legal name. One can change name due to many reasons that can be religious, social, adoption, marriage, divorce, etc.

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Name change procedure if you are one of the following:

1. If you are a central government employee, then the procedure to change your name must be with the Ministry of Home Affairs.

2. If you are an NRI and looking to change you name then you have to provide a deed mentioning the name change in the Indian Embassy or Indian High Commission office.

Affidavit for Name Change

It is a legal document mentioning that you are willing to change your name and the reasons for it. It must be sworn before a Notary Public and must be signed by the individual and witnessed by two people.

The affidavit must contain your old name, it must have you new name. You need to mention the reason for the name change. You have to mention the other details including the husband’s or Father’s Name, Address and your Age Proof, etc.

Publication in Newspaper

After preparing the affidavit and getting it notarized. You need to publish about your change in name, in two newspapers i.e. one in the regional newspaper and one national newspaper.

You need to mention both your names i.e. your old as well as new name, father’s/ husband’s name, complete address, your age, date of affidavit. Make sure that there are no errors in the spelling of your names and cross-verify the same carefully before publication.

Name change publication in the Official Gazette of India

After completing the aforesaid process, give a notification of name change in the Gazette of India. Then write an Application along with a Demand Draft of the prescribed fee along with the relevant documents. After the publication of the advertisement, submit the application and the relevant documents for publication of name change in the official gazette.
Publication in an Official Gazette

Within a period of 30 days from the date of application your new name shall be published in an Official Gazette.

Copy of Official Gazette

On publication of your new name in the Official Gazette, you shall receive a copy through courier.

Documents required

1. You need an affidavit on a stamp paper
2. You need the newspaper with the advertisement given regarding name change
3. The prescribed proforma is needed in printed format, that must be duly signed by you and it must also be signed by two witnesses
4. Two passport size photographs
5. Photocopies of valid ID proof including passport or aadhar card or pancard
6. A CD is required with a soft copy of the application in .docx format;

7. The original ad that was printed in the newspaper notifying the change in name
8. A letter is required that contains that the content in the hard and soft copies of the application is credible
9. Registration fee in form of demand draft to the authority.

Central Gazette and name change

You have to visit the department that deals with the Gazette publication, in most of the cases. Central gazette office is located at Civil Lines, Delhi- 110054.

After visiting the department, you have to fill the “Deed changing name Form”. Fill the form carefully, following all the instructions mentioned in the form.

The notification pertaining to name change will then be published in the Gazette. The copies will be sent to you in the mentioned address in the Deed Form.

Cost for name change

It varies from Rs. 1,100/- to Rs. 7,500/- and it depends whether you are an adult, minor, government employee or an NRI. There is also a charge of Rs. 250 according to changes and corrections.

Name Change Affidavit Format Sample

I, ———————–S/o———————Daughter of ——————-, aged around ———-years, resident of ——————–, do hereby solemnly affirm and declare as under:

That my name as per the records is —————-(XYZ).
That I have changed my name as _________ on (date of change of name).
At present all the records have my new name _________.
I am getting a public notice published to this effect in the newspaper.
I state that (earlier name) and the (present name) is the name of one and the same person and that is myself

I am executing this declaration to be submitted to the concerned authorities for the change of name.

I hereby state that whatever is stated herein above are true to the best of my knowledge.

Solemnly affirmed at ________ )

On this ____ day of ______ 20 ) (Signature of the Applicant).

Deponent

VERIFICATION:

Verified on this day—————–at ———————that the contents of the affidavit are true and correct, nothing material has been concealed and no part of it is false.

Deponent.

Name change of celebrity in India

Many celebrities in India have changed their names, based on various reasons some are: suggestions by astrologer, or lucky alphabet, or to be memorable, etc. The legendary actor Mr. Amitabh Bachchan popularly known as Big B of the Bollywood industry has changed his name. His name was Inquilaab Srivastava, however, before debuting in his first film, he opted to change his name to Amitabh Bachchan.

Conclusion

Changing your name in India involves certain procedures and documentation as discussed above. The procedures needs planning and it is to be done in a systematic manner. You must have a valid reason to change your name and you must without fail update all your identity documents with the new name.

FAQs

Q1: What are the rules to legally change you name in India?

1. Determine the Reason for the Name Change.
2. Draft an Affidavit.
3. Publish a Notification in the Gazette of India.
4. Apply for a Name Change Deed.
5. Submit the Name Change Deed to the Relevant Authorities.

Q2: How much time does it take to change name in India?

Ans: It cannot be done overnight and it needs planning. It takes approximately 4 weeks to 8 weeks to get one’s name published in the Gazette of India.

Q3: What should name change affidavit contain?

Ans: The affidavit should including the relevant details regarding your old and new name, you must mention your address, and the reason for changing your name must be clearly mentioned in the affidavit.

Q4: Is changing my name a fundamental right?

Ans: Yes, but it is not an absolute right and it is subject to certain restrictions.

Q5: Can I change my name after attaining the age of 18 years?

Ans: Yes, you can. However, if you are below 18 years old then the consent of your parents is required. The procedure is different if you are yet to attain 18 years of age.

This article was written by Shivangi Dubey, an extremely established lawyer. Shivangi Dubey holds a BSL-LLB degree from ILS Pune & also is a gold medalist in LLM-Business laws from Amity University. With 12 years of experience in the law domain, she has established herself as an expert in her field. Presently, Shivangi works as an Advocate at the Directorate of Enforcement (ED), Government of India. Her expertise as well as insights have considerably added to the content of this article.

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