Wednesday, May 11, 2016

How do I legally change my Name in India




"A rose by any other name would smell as sweet" is a frequently referenced part of William Shakespeare's play Romeo and Juliet. But in reality and the truth is that names are a part of every culture and they are of enormous importance. In genealogy one usually concentrates on surnames since they are the most important way of identifying people who are related. In the Society we live, names are used for identification purpose. 

A child's given name or names are usually chosen by the parents soon after birth. If a name is not assigned at birth, one may be given at a naming ceremony, with family and friends in attendance. In most jurisdictions, a child's name at birth is a matter of public record, inscribed on a birth certificate, or its equivalent. Parents may choose a name because of its meaning. This may be a personal or familial meaning, such as giving a child the name of an admired person, or it may be an example of nominative determinism, in which the parents give the child a name that they believe, will be lucky or favorable for the child for various astrological or neurological reasons.

There are many a reasons why people change names… a few that I have come across facilitating the name change for my clients are…

Name change because he/she is not liking the given name
Post marriage girl changes her last name taking up her husband’s name 
Now a days it’s also in fashion where husbands take his wife’s surname
Changing the child’s surname 
Couples combine two surnames and form a new one which is a combination of both husband’s and wife’s family
Girl reclaiming her median name after separation or divorce
Name change due to change in religion 
Desire for an ethnic name encouraged by medieval culture
Name change due to suggestion by astrologers / numerologists
Desire to shorten a long name

Process for Name Change 


Generally the process of changing name (from old name to new name) involves three steps 
Affidavit 
Newspaper Publication 
Gazette Notification.

Affidavit 


If you need to apply for a passport, visa or a job, you'll need to verify your citizenship. An Affidavit of Name Change is evidence of your identity. It will work for anyone who has used a name that has not been changed officially by a court or changed through marriage. 

In your affidavit you have to mention carefully the specific reason or reasons for which you want to change your name. You must have a valid reason for changing your name. 

You can meet a lawyer with 3 passport size photographs, Age proof document, ID proof document, and an Address Proof document. 

Your lawyer will facilitate the entire process of name change which includes drafting the affidavit as per the reason for change in name, completing the legal process of gathering signatures, notarizing / attesting the document. 

For married women,  you need to provide either ‘Annexure D’ i.e., Joint Affidavit or your ‘Marriage Certificate’ as a supporting document for the Change of Name in Indian Passport.

Newspaper Publication


Post name change, it’s important to ensure it published in the new paper. You can do it yourself or outsource this to the lawyer, since he/she has connects and is more frequent job of a lawyer the process will be completed soon with hardly any hazels. 
It’s advisable to have the name change published in both local language newspaper and English language newspaper. 
The newspaper content should include 
Your Previous Name
Your Current Name (Changed Name)
Husband’s Name & Date of Marriage (In Case of Married Women)
Current Address
Date of Affidavit
Name of Notary


Gazette Notification 


The last step is to get your Change of Name published in the Gazette of India.
The documents that will be required in lieu with this step are
- Request/Forwarding Letter 
- Specimen for Change of Name
- Original Affidavit
- Original Newspaper Advertisement
- Specimen for Change of Name
- A Postal Order/Demand Draft (INR 1000)
- Two photographs
- Form / Certificate with Applicant Signature
- Undertaking by the applicant 
- Self-Attested Photo ID Proof

Note: Gazette notification is not a mandatory step in all states, its valid only for few states in India. This notification is more valid especially as a supporting document for change of name in almost all major Indian documents like Pan Card, Ration Card, Andhra Card, and Passport etc…

Trust this information is helpful to you, in case you need any further assistance you may wish to reach me at lawyersonia@gmail.com


1 comment:

Deepak Sah said...

How can I make sure that I have sufficient proof to prove that I have sent a legal notice?

Suppose I have written the legal notice, how should I send it?

What is the defendant says he never received legal notice?

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