The article is written by Tejaswini Kaushal, a student at Dr. Ram Manohar Lohiya National Law University, Lucknow. This article seeks to elucidate upon the step-by-step process of getting one’s name legally changed in India for a plethora of reasons.
It has been published by Rachit Garg.
Table of Contents
The term ‘name change’ refers to the process of altering one’s name, whether via the addition of initials, a single letter, or through legal action if one chooses to keep a name other than one’s given name at birth, through marriage, or adoption. A person’s newly adopted name becomes their legal name if they change their name, therefore it’s vital to keep this in mind. Additionally, changing your name has legal repercussions. Therefore, one should carefully evaluate its legal implications before deciding on a name change.
A name change may be for a plethora of reasons, including personal, professional, political, social, and religious reasons. Some of the few typical explanations for a name change may be due to an urge to adopt a new, fancy name, to change the existing name’s present spelling, a change in religion, a change in gender, after getting married or getting a divorce, or on astrological grounds.
People occasionally choose to be addressed by a name other than their given name. The process of changing one’s name for legal use is of extreme importance to all common citizens. Even if you informally or formally ask your family and friends to call you by a new name, you must go through the legal procedure to have your name legally changed so that it will appear on all of your identification cards, documents, educational transcripts, and other vital papers. One can alter their name in different ways. Affidavit applications may be submitted by advertisement publication or a gazette announcement.
Changing your name is a simple and easy process, both during marriage and divorce. If a woman decides she does not wish to take on her husband’s name after marriage, divorce proceedings may be started under her maiden name or any other name that has been officially recognized. Even after a divorce, any spouse may choose to continue using their marital name as long as neither does so in an effort to cheat the other.
Although the name change services are laborious, you may handle them on your own and do not need a lawyer to process and carry out any of them.
If a name change is accomplished through the proper channels, it becomes an authentic, permanent record that anyone may examine or access. It becomes simple to confirm this. Additionally, it makes it easier to obtain paperwork, pay taxes, etc.
If you apply for a document or public service as an Indian citizen, your application will be authorized and issued with your new name listed as your official name. If you choose to alter your name via a technique that is insufficient or improper, the same will not be available. Some government agencies, public sector banks, etc., could reject such a person for providing false identification.
After changing your name, you may need to update other crucial identifying documents like your Aadhaar, PAN, bank account number, employment identification, etc. with your new identification. Therefore, in order for the records to be updated, the formal name change procedure must be followed in order for it to be accepted and handled by the relevant authorities.
In accordance with Indian law, people are free to modify their names to whatever they like. However, there are a few restrictions, which are listed below:
It depends on both the applicant’s application and the department. It will take less time if the documents that are attached are accurate. To have all your documentation in order and attested, it can take up to six months and a few trips to local agencies. The notification can be obtained from the e-gazette website after it has been published.
The official details of the process may be found here.
There are three requirements that must be met in order to approve the name change:
Affidavit submission is the initial stage of the legal process. The following steps need to be undertaken for submitting your affidavit requesting a change in name:
The next step after making the declaration is to print an advertisement or notice that you have changed your name in the neighbourhood newspaper. You must choose two publications for this: one in the state’s official language and the other in English daily.
For instance, one may get one advertisement in any national English newspaper like the Times of India, The Hindu, Hindustan Times, Indian Express, etc. and one other local language newspaper as per the state you reside in.
The newspapers might help you with this because they dedicate a space for these alerts. Any newspaper can provide the format upon request. The criterion is to choose two well-known daily publications and publish an advertisement about the change in your name specifying the following details:
If a married woman wants to alter her last name after getting hitched, she should include her husband’s name and address in the notice. When your announcement appears in the newspaper, don’t forget to gather as many copies as you can and save them for later use. Despite the fact that one copy will do, it is recommended to keep as many original newspaper advertisement copies as well as scanned copies with you just to be safe.
With only the gazette procedure left, the name change process in India is effectively over. Your name change will become official after it is published in the gazette. For people working for the government, the name change gazette notification is required. For everyone else, it is not. However, it provides strong evidence of your name change. It could be wise to proceed as it just entails sending a few papers for publishing.
To submit the gazette notification, follow these instructions:
The procedure of changing your name has not yet gone fully digital. However, it is only being done partially digitally in Maharashtra. You must follow the above instructions in order to publish the Gazette:
For other states, the process has not been made online yet and needs to be conducted through the post. Otherwise, many online legal service providers do undertake to perform the relevant procedure for you in return for nominal service fees.
The set of documents required for publication or public notice in the Gazette of India [Part IV (i)] includes a duly signed undertaking, original newspaper, a duplicate of the prescribed proforma signed by the applicant and two witnesses, a CD certificate, two self-attested passport size photographs, a-certificate duly signed by the applicant declaring therein that the contents of the hard copy and soft copy are similar, a request letter along with the requisite fee, and an attested photocopy of relevant medical and legal documents.
The applicant is requested to download his/her gazette from the official Gazette of India website, which can be accessed here.
The following steps need to be followed:
There are several sorts of affidavits, and the petitioner may utilise affidavits for the following purposes:
This affidavit is used to legally change your name on all official documents and to issue a notice in the Indian Gazette.
A lady applicant may use this affidavit to change her married name back to her maiden name and have it published in other papers.
This affidavit serves as a multi-name affidavit. The ‘one and the same individual’ affidavit can be used by the applicant who has different names listed in the documents and wants to show that all of the names belong to the same person.
Annexure D is used for the name change in passports of lady applicants after their marriage. Therefore, you can choose Annexure “D” Affidavit if you want to modify your maiden name on your passport.
The affidavit must be submitted to the department if you want to have your name changed on your passport, regardless of how small or significant the change is.
“This is to certify that:
I, _______(old name)_______, son/daughter/wife of _______________________, ________________(Address)___________declare:
1. That the matter in the CD and the hard copy is the same and l am responsible for any mismatch.
2. That l am responsible for the quality of the CD
3. That the CD is in MS WORD Format.
4. That the above statement is true and correct.”
This has been derived from the officially specified format which can be accessed here.
It is for general information that I, _________(Real name)_________ s/o, d/o ______________ residing ____________________(Address)___________________________________declare that name of mine/my father /my mother/my wife/my husband/my minor son/ my minor daughter has been wrongly written _________________. My minor son/my minor daughter, _______ age (not the date of birth) educational documents/service book/driving licence/pan card/voter id card/ Aadhaar card.The actual name of ________________, mine/my father /my mother /my husband/my wife /my minor son/my minor daughter is/are respectively which may be amended accordingly.
It is certified that I have complied with other legal requirements in this connection.
(Real Name and Signature of applicant)
Witness 1:- ____________________ Name- ________________________
Address- ______________________ Mobile- _______________________
Witness 2:- ____________________ Name- ________________________
Address- ______________________ Mobile- _______________________”
This has been derived from the officially specified format which can be accessed here.
I, _______________________________, S/O, W/O,D/O _____________________________,
Do hereby solemnly affirm and declare as under:
1. That my name has been recorded as _______________(old name)___________ in all the educational certificates and in other relevant documents
2. That now I have changed my name as ___________(new name)___________ in place of my previous name i.e. ___________(old name)___________________
3. That in future will be known by my new name i.e. _____________(new name)__________ in future for all the purposes.
4. That my statement is true and correct.
Verified at _______________ on ___________(this day)________ of _______(year)_______ that the contents of the above said affidavit are true and correct to the best of my knowledge and belief.
Relevant additions to this format may be made in case there is also a change in gender or religion, or if the change in the name is because of marriage or divorce.
The official format for the affidavit specified by the government (Department of Publication) may be accessed here and here.
The official format for the affidavit specified especially for government employees by the Department of Publication may be accessed here.
________ (Name)______ and ______(Complete postal address)_________.”
The process of changing one’s name after marriage, after a divorce, or just for good luck is time-consuming and involves a number of procedures. Getting a hold of the name change record might take some time, even though changing one’s name is a laborious and drawn-out process, including legal requirements. The most effective way is to obtain a name change record from the court, and then this can be utilised by you to execute the change in name for all your identity cards and other documents.
Your last name may be on the previous licence plate. So, after obtaining the name change record, apply for a new licence. You will receive a new licence with your new name once you have completed the Department of Motor Vehicles form and submitted all the required paperwork, including the name change record.
The old name in Aadhaar must be changed next. So, after receiving the name change record, request for the Aadhaar information to be corrected and attach the name change record. You can obtain an updated Aadhaar using your new name in an easy manner as described ahead.
After obtaining the updated Aadhaar and licence, changing other government records is simple. You may quickly update other official records of yours using your new Aadhaar and licence as you receive them. It is simple to apply for new official papers and receive the same.
In addition to obtaining copies of the name change record for Aadhaar and licence applications, you can also get extra copies for future use. By paying an additional charge, you can get more name change paperwork. The cost of receiving extra copies of the name change record, however, varies from state to state and from court to court in each state.
To demonstrate that your last name has been changed to a new name, you must have a name change record. Obtaining key papers like Aadhaar card, driver’s licence, bank records, and birth certificate also require name change paperwork. It is also a necessity in the instance of marriage, where more often than not, the bride adopts her husband’s family name. Similarly, post-divorce, many women decide to go back to their maiden surname. And even in the cases of change of name due to religious beliefs or change in caste that need official documentation to have validity for administrative work. Also, in the cases of change of gender, having a legal name change record can assist them in establishing their identity.
If the necessity arises, a record of a legal name change may be changed. If you have officially changed your name and wish to update it on all of your official papers, including your driver’s licence, social security card, and Aadhaar, you may refer to the following steps:
The driving licence is a crucial document to have in order to obtain a valid licence in any state or nation. It is crucial to provide all the required paperwork, including any papers proving a name change, if applicable.
To alter your name on your Indian driving licence online, go to the Parivahan website and follow these instructions:
To change your name offline, you must:
An individual must have an Aadhaar for themselves to be an Indian citizen. Additionally, if your name changes, make sure that the information on your current Aadhaar card is checked and updated as necessary. Additionally, the name change record will assist you in updating the Aadhaar name by replacing the old name with a new one. You can get a new Aadhaar by applying for modification of the existing one and sending a copy of the name change record.
Here’s how to update your Aadhaar card’s name online:
Here’s how you change your name offline on your Aadhaar card after getting married.
With time, it becomes less necessary to change one’s or one’s children’s names. Since some of your official documents may already have been issued, changing your name in India may seem like a lengthy procedure. The most significant official document is the birth certificate. It is necessary, among other things, for national tests, medical exams, school transfers, and job transfers. If additional laws and amendments are passed, the list can keep expanding.
For birth certificate rectification online, the affidavit must be verified by the notary. The municipal corporation may need to confirm specific papers, such as medical records. The cost of the non-judicial stamp paper for the affidavit ranges from Rs. 20 to Rs. 100, and the cost of altering the name on the birth certificate varies from state to state.
The most crucial component before beginning any operation is the documentation. The following paperwork is needed for online birth certificate corrections:
PAN card name changes may be necessary for a variety of reasons, including marriage, misspellings of names on PAN cards, name changes, and other situations. Online name changes for PAN cards are feasible, and the process is straightforward and may be completed by filling out the form for PAN Card Name Change Online at Tax Information Network (TIN) or National Securities Depository Limited (NSDL).
In case a name change procedure needs to be undertaken to change the name of a minor i.e. an individual who has not yet 18 years of age, a slightly different procedure needs to be adopted than the aforementioned one.
The following papers must be submitted in order for your advertisement to appear in the Indian Gazette:
The official details of the process may be found here.
It is a tradition in India which involves the spouse, majorly the women, changing their name after marriage. The married woman majorly adopts the family name of her husband, and this requires the woman to undertake a full-fledged legal procedure. The process of changing one’s name is more or less similar to the process undertaken otherwise, except for a few variations here and there. The following describes the step-by-step process:
Similar to how a woman has the option to alter her last name after marriage, she also has the choice, even in the event of divorce, to retain her husband’s name. Some women opt to change their surname as a part of moving on, while others elect to keep their ex-last husband’s name for reasons like sharing a last name with the children. You are free to alter your present last name and get your old last name after a divorce.
The best course of action if your divorce is still pending is to get your name changed while the divorce is still being processed. In the divorce papers, you can ask for a formal name change, and you can even include it in the settlement agreement. Your new name will be reflected in the divorce decree or order if the judge signs the final divorce decree or order approving your legal name change.
If your divorce decision didn’t include returning to your previous name, you’ll need to submit an application for a name change to the gazette. Even if you would technically resume using your maiden name, the law mandates that you alter it by going through the same legal process as mentioned above.
Name changes are a pretty typical occurrence today, and many people do so for a variety of reasons. It should be remembered that once a name has been changed, it takes on legal significance and becomes the person’s identity and legal name. When a person formally changes their name, there are extensive and intricate legal procedures that must be followed. Hence, the aforementioned procedures must be undertaken properly to comply with the law when changing one’s name.
There are three main steps that need to be undertaken, which are submitting an affidavit, then getting an advertisement in two newspapers notifying the change in name, and lastly, publishing it in the Gazette of India.
Yes, married women can alter their names using the same procedure as everyone else. Married women need just provide a few more details, such as:
Yes, two witnesses are required for the name change procedure. Additionally, you must supply one identity document for each witness.
Once your name has been legally changed, you must update it on all important papers. You must present copies of the affidavit, the newspaper article, and the gazette notification in support of that.
You must ensure that relevant information, including your old and new name, address, and the reason the name was changed is included in the name change affidavit:
Marriage, divorce, disliking the existing name, numerology, religious considerations, political circumstances, change of gender, and
In India, changing one’s name is fairly frequent and is done for a variety of reasons. The only requirement for changing one’s name is that the applicant is at least 18 years old. A minor applicant may also alter his or her name, but in that instance, the minor child’s parents must complete the process on their behalf.
It depends on both the applicant’s application and the department. It will take less time if the documents that are attached are accurate. The Notification can be obtained from the e-gazette website at http://egazette.nic.in after it has been published.
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