Krish Kukreja
Thanks to Vanshika Ji, our name change query was solved with ease
The name change means changing one's name by way of adding initials or adding just one letter or by legal action if a person adopts a new name different from his or her birth name, marriage or adoption name. Nowadays name change is a very common thing. Many people change names for different reasons. They are for good luck, for marriage or to just change the spelling. It is to be noted that after Name Change it becomes a legal effect and it will become one's identity and legal name. Name change is done officially which has to go through legal processes which are quite lengthy and complex. Reasons for Name Change: Error in the birth certificate Errors in school certificate After marriage by women After divorce by women Spelling errors For adoptions If religion is changed Numerology or astrology To change surname Change of gender Dislike of current name Identity change Eligibility for Name Change: A person should be an Indian. They should have valid Government Id proof. He or she should have a valid reason to change the name. In the case of minors, parents should visit a Government office with that child. Who can apply for Name Change: Either husband Wife Family member Anyone can change the name at any stage of life Importance of complying with all the legal formalities in a Name Change Procedure: When technology has been incorporated into so many facets of our everyday life especially for proof of identity, so it is important to note that any change in a person’s identity should be legally done. As our names are furnished on various documents such as PAN, Aadhaar card, Bank Accounts, Marksheets, Birth Certificate, etc which are served as a purpose of identity verification. So before making changes to these records with respect to the name change, it is very much essential that your identity is legally verified and changed by the party or officer appointed by the Center/ State. Some people who resort to identity theft, credit card fraud, illegal signatures, spies or terrorists or credit evasion, etc. will use the guise of different names to conduct their criminal associations. A name change should be done legally so that the new name can be stored as a permanent name on record for all purposes. The process of doing legally will ensure transparency and accountability for your identification or verification. Benefits of changing name legally: No requirement of Lawyer: The services required for the name change is tedious but you can manage on your own and there is no requirement of a Lawyer to process and execute the some. Easy during Marriage and Divorce: The process of name change is simple and easy during marriage and divorce. Under Family Courts Act, 1988, if a woman doesn't want to adopt her husband’s name after marriage, then divorce proceedings can be initiated in her maiden name or any other name which has been notified in the official gazette. Even after divorce if any party desires to continue with their married names he can do so unless one partner does so to defraud the other partner. Gives you an Official Recognition: As an Indian citizen, if one makes an application for any document or public service, the same will be approved and granted with your new name as your official name on that document. The same will not be available if you opt for the incomplete or incorrect procedure for a change in name. Such a person may be rejected for improper proof of identity by some government offices, public sector banks, etc. Permanent on Record: If the process of name change happens by the official route it serves as a permanent authentic record for anyone to view or access. This becomes easy to verify. It also creates fewer problems to get documents, to pay taxes, etc. Availability of Aadhaar after name change: Once you change your name, you may also require to update other important records of identification such as Aadhaar, PAN, Bank Account Number, Employment Id, etc with your new identification. So for the records to be updated, the official name change should be followed so that it may be approved and processed by the concerned authorities. Rules involved in legal name changing: Indian law allows its citizens to change their name into anything they prefer but there are some exceptions. They are: Name change is not allowed if you want to hide your identity. Name change is not allowed to avoid your debt, liabilities or escape from legal issues. The Court will not allow you to change the name to that of a famous personality unless you prove that you have no intention to mislead anyone. The name should not be obscene or offensive. You cannot choose a complicated name that involves punctuations.
Firstly you need to make an affidavit for Name Change and notarize it. It must contain your old name, the new name and must also mention the reason for the name change along with applicant details such as husband’s or Father’s Name, Address and Age Proof, etc.
After the first step, the step is to publish in a newspaper. You have to publish in two newspapers i.e one in the regional language (Hindi) and the other in English language newspaper. Before you give an advertisement in a newspaper you should always cross-check the advertisement to avoid mistakes. One small mistake can ruin the whole procedure.
Now you have to publish the Name Change Notification in the Gazette of India by writing the Application along with a Demand Draft of the fee and required documents. After the publication of the advertisement, there will be the submission of application and documents for publication of name change in the official gazette, all these documents should be addressed to the Department of Publication, New Delhi.
Publication of Name Change will be made in an Official Gazette within 30 days from the date of Application.
Upon Publication, they will send you a copy of the Official Gazette through courier.
Our consultants will take about 2-3 working days to explain you the procedure of name change and validate your documentation The complete procedure of name change will take 20-30 days. *Any additional work required by the advocate before/after making the application for a name change shall be charged to the client.
Advertisement in the newspaper (original and photocopy of advertisement both are required)
Affidavit of the name change
Prescribed proforma for a name change. The proforma should be signed by two witnesses and the following witness details are required such as Full name, Address, and Mobile no.
A CD that contains a soft copy of the proforma without witness details. In the place of a signature, the applicant's old name is to be stated.
A Certificate stating that details of the CD and hard copy are the same
Two passport size photos (self-attested)
Photocopy of identity proof of the applicant (any one of the following documents such as Aadhaar card, Passport, Voter Id Card, Pan Card, Driving license)
Cover letter
Demand Draft
The documents to be sent to the Department of Publication of Name Change are as follows:
Name Change Affidavit which is duly notarized (hard copy)
If you live abroad, then you must submit the deed duly attested by the respective Indian Embassy or Indian High Commission only
Publication of newspaper (hard copy)
A hard copy of Name Change Form duly filled as per the given format
Make a digital CD. soft copy of specimen in a CD
Government employees are required to submit the Deed for Name Change in accordance with the Ministry of Home Affairs 0.M. No. 190016/1/87- Estt. dated 12/03/1987
A Demand Draft of Rs. 1100 plus 250 extra (for major and government employees) and Rs. 1700 plus 250 (for minor), for a person living abroad Rs 7500 [as per change and correction] drawn in favor of Controller of Publications, Delhi
Two passport size photos self-attested
One self-attested photo Id proof
A certificate signed by the applicant stating that the information in the hard and soft copy is the same
Forwarding letter describing that all the documents are enclosed within the envelope
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