NAME CHANGE ONLINE IN INDIA - 2023

NAME CHANGE Services Overview in India

The name change means changing one's name by 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 prevalent thing. Many people change names for various reasons. They are for good luck, for a wedding, or to change the spelling. It is to be noted that after a Name Change, it becomes a legal effect and 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.

Changing your name is like giving your identity a new look. Lawtendo helps make this change official and right so you can become your new self with no worries.

Procedure for Name Change In India:

The procedure for changing your name in India involves a legal process that varies depending on the reason for the name change. Here is a general overview of the steps involved:

1. Affidavit: Start by preparing an affidavit for the name change. The affidavit should include details like your current name, the new name you want to adopt, the reason for the change, and a declaration that you're not changing your name for fraudulent purposes. You must sign this affidavit before a notary or an oath commissioner.
2. Newspaper Publication In India : Publish a notice of your intended name change in India in two local newspapers, one in the local language and the other in English. The notice should include details of your old name, new name, and the reason for the change. This step is to inform the public of your name change.
3. Gazette Notification: After the newspaper publication, you must apply for a Gazette notification of your name change. You can do this through the Government Press or the Controller of Publications. You'll typically need to apply along with the newspaper clippings and the prescribed fee.
4. Notification in Official Gazette: Once the Gazette notification is issued in India, your name change is officially recognized by the government. You should obtain a copy of the Gazette notification as legal proof of your new name.
5. Updating Official Documents: After the Gazette notification, update your name on all official documents, including but not limited to your Aadhaar card, PAN card, passport, driver's license, bank accounts, educational certificates, and other identification documents. You will usually need to provide a copy of the Gazette notification as proof of your name change.
6. Inform Relevant Institutions: Inform your bank, employer, and any other relevant institutions about your name change and provide them with the necessary documentation.
7. Update Personal Accounts: If you have any personal accounts, such as social media profiles or other online accounts, update them with your new name.
8. Legal Assistance: It's advisable to consult with a legal expert or a lawyer to ensure that you follow the correct legal procedures for changing your name. The process may vary slightly from one state to another, and legal guidance can help ensure that you don't encounter issues in the future.

Remember that the specific requirements and procedures for changing your name can vary depending on the reason for the change and your location. It's crucial to follow the legal process correctly to ensure your new name is recognized for all official and administrative purpose.

Reasons for Name Change In India:   

1. Error in the birth certificate

2. Errors in school certificate

3. After marriage by women

4. After divorce by women

5. Spelling errors

6. For adoptions

7. If religion is changed

8. Numerology or astrology

9. To change surname

10. Change of gender

11. Dislike of current name

12. Identity change

Eligibility for Name Change In India:

1. A person should be an Indian.

2. They should have valid Government Id proof.

3. He or she should have a valid reason to change the name. 

4. Regarding minors, parents should visit a Government office with that child

Who Can Apply For A Name Change In India:

1. Either husband

2. Wife

3. Family member 

4. 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, 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 serve 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 in India 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 The Name Legally In India:

1. No requirement of Lawyer: The services required for the name change are tedious but you can manage on your own and there is no requirement of a Lawyer to process and execute them.

2. Easy during Marriage and Divorce: The process of name change in India 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, they can do so unless one partner does so to defraud the other partner.

3. 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.

4. 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.

5. 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:

1. Name change is prohibited if you want to hide your identity.

2. Name change is not allowed to avoid debt liabilities or escape legal issues.

3. 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.

4. The name should not be obscene or offensive.

5. You cannot choose a complicated name that involves punctuation.

Categories of Affidavits for Name Changes In India :

In India, there are several distinct types of name change affidavits, each serving a specific purpose. These affidavits are essential for individuals seeking to modify their names legally or address particular name-related issues. Here are the key types of name change affidavits: 

1. One Person Many Names Affidavit: This type of affidavit, also known as a multi-name affidavit, is used when an individual has different names across their official documents. It serves as a legal declaration to establish that all these names belong to the same person.
2. Name Change Affidavit: The name change affidavit is a legal instrument used to officially change one's name in all relevant documents and to publish the name change notification in the Gazette of India.
3. Name Change after Marriage Affidavit: This affidavit is typically used by women who wish to change their last name after marriage. It allows them to update their name in various official documents following the marriage.
4. Name Change for Minors Affidavit: When a minor's name needs to be changed, this affidavit is utilized. Parents or guardians are required to submit this affidavit as part of the name change process for minors, with the other procedural steps remaining consistent.
5. Name Change on Passport Affidavit: Annexure D is designed for name change affidavits related to passport updates, particularly for women who want to change their last name after marriage. Additionally, for any kind of name correction on a passport, Annexure E is used, whether it's a major or minor name change.

These distinct types of name change affidavits in India offer legal avenues for individuals to address a variety of name-related issues, ensuring that their names are accurately reflected in official documents and publications.

Template of an Affidavit for Name Change In India:

An affidavit for a name change in India should be drafted carefully and should follow a specific format to be legally valid. Below is a sample affidavit format for a name change:

[Note: It is essential to consult with a legal professional or refer to the specific requirements of your jurisdiction, as the format may vary slightly.]

Please note that after drafting the affidavit, it should be printed on non-judicial stamp paper of the prescribed value and duly notarized by a Notary Public. This notarized affidavit can then be submitted to the relevant government authorities to initiate the name change process in India. It is essential to consult with a legal expert or refer to local regulations to ensure compliance with all requirements.

Structure of Public Notice for Name Change In India :

A public notice for a name change is typically published in a local newspaper to inform the public and interested parties about the change. The format for a public notice of a name change in India  is as follows:

Please note the following:

1. After drafting the notice, it should be submitted to a local newspaper for publication. Many newspapers have specific requirements for legal notices, so it's essential to contact the newspaper to confirm their format and publication process.
2. The notice should be published in a newspaper circulated in the area where you reside.
3. Ensure that you retain a copy of the published notice for your records.
4. The publication typically needs to be made multiple times (as specified by local laws) at your expense.
5. The purpose of the public notice is to provide notice to the public and interested parties about your name change, and it may be required by legal authorities for the name change to be recognized officially.
6. It's advisable to consult with a legal expert or refer to local regulations to ensure compliance with all requirements for a name change through a public notice.

Change of Name Receipt:

A name change receipt is a document that serves as proof of payment for the processing and administrative fees associated with a legal name change. It's essential to retain a receipt as evidence of the financial transaction involved in the name change process. The receipt should typically include the following information:

Receipt Header: 

1. Name of the Issuing Organization (e.g., Government Department, Court, Notary Public, etc.)
2. Address of the Issuing Organization
3. Contact Information (Phone number, email, etc.)

Receipt Number: 

• A unique identification number for tracking and reference purposes.

Date of Issue:

• The date on which the receipt is issued.

Name of the Applicant:

• Your full legal name as it appears on official documents before the name change.

Description of Service: 

• A clear and concise description of the service or purpose for which the fee is paid, such as "Name Change Application Fee" or "Name Change Processing Fee."

Amount Paid:

• The exact amount paid for the name change service, often in both numerical and written format.

Payment Method:

• Indicate how the payment was made (e.g., cash, check, credit card, online payment, etc.).

Issuing Authority's Information:

• Name and designation of the person or entity issuing the receipt.
• Signature or official stamp of the issuing authority. 

Terms and Conditions: 

• Any relevant terms and conditions related to the payment and name change process. 

Contact Information:

• Contact details for the issuing organization or department in case of any inquiries or disputes.

Note to Applicant:

• Instructions or reminders for the applicant, such as retaining the receipt for future reference.

Name Change Affidavit, Application Form & Gazette Application:

The process of changing your name in India typically involves the following steps: preparing a Name Change Affidavit, filling out a Name Change Application Form, and applying for the change to be published in the Gazette of India. Here's a brief overview of each step:

Name Change Affidavit:

1. Purpose: The Name Change Affidavit is a legal document that states your intention to change your name. It is a sworn statement of your identity and the reason for the name change.
2. Format: The affidavit format is mentioned above.
3. Notarization: The affidavit should be notarized by a Notary Public to make it legally valid.

Name Change Application Form:

1. Purpose: This is an application form provided by the local government authorities, such as the municipal corporation, for requesting a name change.
2. Content: The form typically requires your details, the details of the name change (old name and new name), the reason for the change, and contact information.
3. Submission: You need to fill out the form accurately, attach the notarized Name Change Affidavit, and submit it to the relevant local government office along with any required supporting documents and fees.

Gazette Application:

1. Purpose: The Gazette of India is the official government publication where name change notifications are published. This step provides legal recognition for your name change.
2. Process: To apply for the Gazette publication, you'll need to obtain the relevant application form (often available online or at government offices), complete it, and submit it to the appropriate authority along with a copy of the notarized affidavit, proof of residence, and prescribed fees.
3. Publication: Once your application is processed and approved, your name change will be published in the Gazette of India, providing legal recognition.

Please note that the specific requirements, forms, and procedures may vary by state and jurisdiction within India. It is advisable to contact the local government authority or Municipal Corporation in your area to obtain the necessary forms and guidance on the name change process. Consulting with a legal professional or notary public can also ensure that you complete these steps correctly and efficiently.

Name Change Advertisement In India:

When changing your name legally in India, it is often necessary to publish an advertisement in a local newspaper or the official Gazette of your respective region to inform the public about the change. Below is a sample format for an advertisement for a name change:

This advertisement is typically published in a local newspaper in India or the official Gazette of your region, as per the legal requirements and procedures in your jurisdiction. It serves as a formal notification to the public and relevant authorities about your name change, providing transparency and legal recognition of the change. Please ensure that you follow the specific rules and guidelines for name-change advertisements in your area.

Gazette Announcement Publication Of A New Name:

To publish a Gazette Notification in India for your name change, follow these steps:

1. Obtain Form: Get the Gazette name change application form from your local authority.
2. Complete Form: Fill out the form with old and new names, reasons, addresses, and necessary details.
3. Notarized Affidavit: Ensure you have a notarized Name Change Affidavit ready.
4. Attach Documents: Attach required documents, such as identity and address proof.
5. Submit Application: Submit the form, documents, and fees to the relevant government or Gazette office.
6. Await Publication: Once approved, the Gazette will publish your name change.
7. Keep Copies: Keep copies of the Gazette notification and documents.
8. Update Records: Notify government agencies and institutions about your name change.

Remember that procedures may vary by location, so consult with local authorities for specific guidelines.

Name Change Advertisement In Print Format:

When publishing a name change advertisement in a newspaper, you'll want to follow the format and guidelines provided by the newspaper itself. However, here's a sample format that you can use as a reference:

Please note the following:

1. Contact the newspaper where you plan to publish the advertisement to obtain their specific format and requirements.
2. Ensure that you follow any legal or governmental regulations specific to name changes in India.
3. Insert the appropriate date and location of publication.
4. Sign the advertisement with your new name, and include contact information if you wish for people to reach you regarding the name change.
5. Keep a copy of the published advertisement for your records.
6. The newspaper may have specific guidelines for the font size, word count, and any additional details required in the notice.
7. Always check with the chosen newspaper for their specific requirements and any legal guidelines that apply to name change advertisements in your region.

Following a name change in India, you ought to do these actions:

The fees for a name change in India can vary based on the location and the type of name change. Generally, you may encounter charges such as the Name Change Application Fee, Notary Fee for document notarization, and Publication Fee for public notices, Government Issued ID Update Fees, and court-related costs if applicable. Additional expenses could include fees for legal documentation, duplicate documents, expedited services, and professional legal assistance if sought. The specific fees and their amounts depend on the jurisdiction and the nature of the name change. It's essential to confirm the costs associated with your unique circumstances and budget accordingly. 

The Glossary of Name Changes:

"Name Change Glossary" with essential terms and definitions:

1. Affidavit: A legal document to declare name change intentions.
2. Notary Public: Authorized to validate name change affidavits.
3. Legal Name Change: The process of changing one's name legally.
4. Gazette of India: Official publication for name change notices.
5. Marriage Name Change: Taking a spouse's surname after marriage.
6. Divorce Name Change: Reverting to a prior name after divorce.
7. Minor's Name Change: Changing a child's name with guardian consent.
8. Religious Conversion Name Change: Aligned with a new faith.
9. Gender Transition Name Change: Reflecting gender identity during the transition.
10. Spelling Correction Name Change: Fixing typographical errors.
11. Official Documents: Government-issued IDs and records.
12. Publication Requirement: Mandating name change notice in media.
13. Public Notice: Announcement in newspapers or gazettes.
14. Receipt: Proof of name change fee payment.
15. Change of Name Certificate: Document certifying the name change.