Judiciary

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

Introduction 

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.

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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. 

Benefits of officially changing your name

Straightforward process during marriage and divorce

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.

No need for a lawyer

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.

Permanent on record

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.

Gives you official recognition

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.

Updated Aadhaar card and other documents

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.

Who can have their name changed

  • The applicant should be Indian.
  • They must possess a legitimate government ID.
  • He or she must have a good justification for the name change.
  • The applicant should have attained 18 years of age. Minors should be accompanied by their parents while visiting a government agency.

Who can apply for a name change

  • The person themself.
  • A guardian for the minor.
  • Either husband or wife, on behalf of the other.
  • A family relative.

Restrictions on change in name

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:

  • The name shouldn’t be vulgar or insulting.
  • You cannot select a lengthy, punctuation-filled name.
  • Unless you can demonstrate that you have no desire to deceive anyone, the Court will not permit you to alter your name to that of a well-known individual.
  • If you want to alter your name only to conceal your identity, name changes are not permitted.
  • It is not permitted to alter your name in order to dodge financial obligations or legal troubles.

Documents required for getting your name changed

  1. A duly signed undertaking by the applicant 
  2. Two passport photos of the applicant that have been self-attested 
  3. A copy of the TD evidence that has been self-attested.
  4. A CD (Compact Disk) certificate containing the print matter without the witness section in MS Word and with the old name specified in place of the signature.
  5. ID Card/Aadhaar Card.
  6. The attested affidavit.
  7. The prescribed document contains the applicant’s signature, as well as those of two witnesses.
  8. The original ad that was printed in the newspaper notifying the change in name.
  9. A certificate that is properly signed by the applicant and states that both the physical copy and the digital copy have the same contents
  10. A letter of request and the necessary payment

Fees charged

  • Stamp Paper – Rs. 5/- or Rs. 10/-
  • Printing Fee – Rs. 1100/-
  • Gazette notice including airmail (for NRIs)- Rs. 3500/-
  • Extra Copies of the Gazette (Maximum two) – Rs. 35/- each

Duration that the process takes

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.

Additional details about the process

  • The printing costs for publishing a name change are Rs. 1100 for an individual.
  • The payment for the printing cost must be made in advance in cash or by demand draft to an Indian bank. 
  • Postal Order must be made out to the Department of Publication’s Controller at Civil Lines, Delhi-110054. 
  • The public dealing hours in this department for the purpose of change of name are 10:00 AM to 1:00 PM and 2:00 PM to 4:00 PM on all working days.  
  • The additional cost for the extra copies of the Gazette is Rs. 35 per copy, up to a maximum of 2.
  • For Indians who live overseas, the cost of publishing a name change in the Indian Gazette is Rs. 3500, which also includes air mail fees.
  • You can also present your paperwork in person and pay cash.
  • The supplied papers shouldn’t be older than a year.
  • Once submitted, the papers cannot be received back. Therefore, be mindful to retain and maintain the necessary originals and/or copies of any papers you believe are necessary to be kept with you.
  • If a person adopts the name of another faith without changing their religion, they must present an affidavit properly signed by the SDM stating that they haven’t done so. Such advertisements will cost Rs. 1100+ 250= Rs. 1350/- each.
  • Such a thing for a change of religion must be documented in a document that you make with the signatures of two witnesses and in the newspaper as well.

The official details of the process may be found here.

Offline process of getting your name changed

There are three requirements that must be met in order to approve the name change:

  • Submission of an affidavit: An affidavit must be produced for the name change.
  • Publication of an advertisement: An advertisement in the form of a notice must be printed in the newspaper declaring the change in name
  • Notification in the Gazette: A notification of the change in name must be published in the Indian Gazette.

Submission of an affidavit

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:

  1. To submit the affidavit, you must speak with a notary public. Approach a notary public in your area and state your desire.
  2. The notary will advise using stamp paper with the appropriate value for the affidavit of the change in name.
  3. When you have the document, you must supply the following information:
    1. Name (old name as well as the new one), 
    2. Current address, and
    3. The rationale for the new name (astrology, religion, numerology, marriage, divorce, etc.)
  4. The affidavit must be printed on plain stamp paper and signed by two witnesses after that. It must be legally signed by two individuals holding the status of gazetted officers. 
  5. Make sure you get their stamp as well as their signature (rubber stamp).
  6. Married women who want to add their husband’s name as initials or modify their last name must give the information below:
    1. The old name, together with the father’s name and address; 
    2. New name, along with the husband’s name and address; and 
    3. Date of the marriage
  7. Your former and current names are both listed on the document. Affidavits can be used to change the name completely, the last name, or just a few letters within the name.
  8. A copy of the affidavit should be kept. This important document is useful for any upcoming legal requirements.
  9. Indians living abroad who want to alter their name must submit a deed that states the change and is properly signed by the Indian High Commission or the Indian Embassy.

Publication of an advertisement 

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:

  • Old name.
  • New name.
  • Date of birth.
  • Current address.

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.

Notification in the gazette

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:

  1. Bring a copy of the ‘Deed changing name form,’ which is available at the Controller of Publication, Department of Publication, or a letter expressing your need to change the name would suffice.
  2. Request that original copies of any advertising with dates appear (attach both advertisements)
  3. Bring two certified photos with you to guarantee that the process goes well.
  4. Bring identification, evidence of the address (the address should match what is published in the newspaper), and an affidavit. Any address change might lead to the application being rejected.
  5. To acquire a complete list of everything that has to be submitted, call the Controller’s office of Publication before sending the following information, and make a note of it.
  6. Before mailing the papers to the address, you should also place them in an A4-sized envelope.
  7. Information and the relevant copies of the gazette in which the advertisement or notification has appeared will be sent by the office of the Controller of Publication. 
  8. Your name change will be published in the gazette by the government. Depending on whether you want a public notice or not, the cost of gazette notices varies. 
  9. Cash or a demand draft/postal order made in the name of the Controller of Publication, Department of Publication, Civil Lines, Delhi – 110054, may be used to pay the fee. The office hours for this address are 10 AM to 1 PM and 2 PM to 3 PM on business days. Alternatively, you can courier or fast post the envelope with all the necessary information to the aforementioned address. 
  10. When published, store the gazette notification safely for future use.

Online process of getting your name changed

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:

  1. Reach the online gateway.
  1. Next, select ‘Register New User’.
  2. To join the site as a new member, provide all of your personal information.
  1. Log into your account if we have your ID from the relevant citizen service. You may check your transaction history as well to keep track of your applications.
  1. Log in and go to the application page to submit an application to the Directorate for Printing and Stationery.
  1. After choosing Gazette second semester for a name change, click on Proceed.
  2. You’ll be sent to the online edition of the Maharashtra Gazette.
  3. In the Gazette Advertisement option, modify your name.
  4. A PDF document will load online. There will be information on this page, along with a form for altering your name.
  5. Return to the page where the PDF file was first shown after completing the form. Select the checkbox next to ‘I accept the above conditions’ and click Next to proceed.
  6. You will then be sent to a form where you can fill up your contact information and other pertinent details.
  7. Complete all required fields, submit all required files and pay the appropriate amount using the payment method of your choice.
  8. Once the funds have been received, you will be able to track the status of your request using the Citizen Service Portal ID you created.

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.

Guidelines for public notice

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:

  1. Search  ‘gazette’
  2. The search category should then be chosen as ‘weekly gazette’ 
  3. Select in Part and Section- ‘Part IV’
  4. Download the required pdf file 
  5. Use the ‘find in page’ option or the control key + F key to find your own name in the file. 
  6. Download the whole gazette pdf file and this can act as the requisite proof during submission to the government department. 
  7. You can make your own copy of the file to print on your own. This requires no further certification from the department.  

Types of name change affidavits

There are several sorts of affidavits, and the petitioner may utilise affidavits for the following purposes:

  1. Name change affidavit

This affidavit is used to legally change your name on all official documents and to issue a notice in the Indian Gazette.

  1. Name change after marriage

A lady applicant may use this affidavit to change her married name back to her maiden name and have it published in other papers.

  1. Affidavit for one and the same person

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.

  1. Annexure “D”

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.

  1. Annexure “E” 

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.

Sample formats for name change documents

Sample CD certificate

“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.

Sample public notice

“PUBLIC NOTICE 

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.

Sample Affidavit

“AFFIDAVIT

I, _______________________________, S/O, W/O,D/O _____________________________,

R/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.

DEPONENT

VERIFICATION

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.

DEPONENT”

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

Sample advertisement 

  1. “I, ________(old name)_______, residing at _______(address)__________, have changed my name to ___________(new name)__________ and will be known as ___________(new name)__________ from here on in. I have submitted an affidavit to this effect, which was signed by on.”
  2. “I, ________(old name)_______, S/O ____________(father’s name)________, residing at _______________(current address)___________, have changed my name to ___________(new name)__________ for all future purposes.”
  3. “I, _________(old name)__________  have changed my name from ________(old name)_________ to _______(new name)_______ by affidavit sworn before the Notary Public, ______(place)________ on _____(date)______. Henceforth, I shall be known as _________(new name)__________ for all purposes.

________ (Name)______ and ______(Complete postal address)_________.”

  1. “I, _________(old name)__________  married ___________(husband’s name)________  on __________(date of marriage)__________, residing at _______________(current address)___________, have changed my name to _______(new name)_______ vide Affidavit dated _____(date)______ sworn before Notary ________(name, place)_______.”

How to obtain a record of the change in name

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.

The process to obtain a name change record

Apply for a new driver’s licence

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.

Apply for a new Aadhaar card

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.

Apply and update other documents

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. 

Pay the fee to obtain extra copies of the name change record from the court

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.

Importance of obtaining a name change record

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. 

How to change your name in your legal documents

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:

How to change name on your driver’s licence

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:

  1. Click on ‘Apply for a name change’ after selecting the state name from where you want to use the service. Enter your driving licence number and birthdate and proceed.
  2. The applicant’s name and other information will then show up on the screen. Here, you must choose ‘State’ and ‘RTO’ and then click ‘Proceed’ once again. Your address information will show up on the screen. After you have checked the information, click ‘Confirm.’
  3. Click ‘Generate OTP’ after completing the e-KYC authentication process. Enter the OTP and authenticate.
  4. A list of services relating to driving licences will now be displayed. Choose the option that says ‘Change of name in DL’ from the list. Select ‘Proceed’ after checking the declaration box and entering the captcha code.
  5. A form acknowledging receipt of the desired service, such as changing the name on a driver’s licence, will be generated.
  6. Comply with the directions and submit the necessary papers (discussed below). After that, upload your ‘Photo and Signature’ and finish the payment process.

To change your name offline, you must:

  1. Go to your local RTO office and seek clearance from the authorised official to apply for such alterations.
  2. Go to the data entry office to gather data and pay fees at the fee payment location.
  3. Following the aforementioned procedure, authorised officials or representatives will capture biometric signatures, fingerprints, and photos. They will next carefully review the information you submitted.
  4. You will then be given a receipt that you may keep for your records.
  5. You will have the original driving licence mailed to your registered address after all the procedures are finished.

How to change name on your Aadhaar card

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:

  1. Enter your Aadhaar number into the UIDAI’s official self-service website.
  2. Type your first and last names.
  3. Upload supporting papers that have been scanned and self-attested to the official portal.
  4. Your registered cellphone number will receive an OTP. To apply for a name change, enter the OTP. 
  5. UIDAI does not charge a fee for self-service name changes after marriage.

Here’s how you change your name offline on your Aadhaar card after getting married.

  1. Go to the neighbourhood Aadhaar enrollment facility.
  2. You must bring your supporting papers’ original copies to the centre.
  3. A Rs. 50 charge must be paid.

How to change the name on your birth certificate

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:

  1. A copy of the ‘Deed Changing Name Form’ from the Department of Publication’s Controller of Publication
  2. A letter of declaration outlining the need for a name change
  3. Original, date-stamped copies of advertisements.
  4. Verified pictures
  5. Proofs of address and identity

How to change the name on your PAN card

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). 

  1. Visit the official website of UTI Infrastructure Technology and Services Limited (UTIITSL) and choose PAN Card Services. 
  2. Then click ‘Change/Correction’ in the PAN Card. Then, from the drop-down box, choose ‘Apply for Change/Correction in PAN Card Details’. You’ll be sent to the PAN Data Application for Change/Correction page.
  3. The last step is to choose between the two options: physical (forward application with physical documents) or digital (forward application with digital documents). Select the digital alternative afterwards (paperless).
  4. Select the drop-down menu’s Aadhaar-based e-KYC option to continue. It then automatically chooses the option to ‘Sign Using Aadhaar-based eSign’.
  5. You must now input your PAN and decide whether you want merely an e-PAN or a physical PAN card with updates.
  6. After that, click the Submit button.
  7. Make the necessary payment and complete the application form with all of your necessary information.
  8. The application will thereafter continue to be processed after undergoing real-time Aadhaar authentication from the UIDAI server.
  9. OTP will be provided to your UIDAI registered cellphone number for e-KYC services. Your address will be filled in on the PAN form using information from the UIDAI database when you enter your OTP and permission in the required box.
  10. The application data must then be verified, together with any additional information, and submitted.
  11. Once you enter the OTP, the application will be signed using an Aadhaar-based e-signature. You will now receive another OTP for e-Sign.
  12. The PAN card name change via Aadhaar application would be kept and continued by UTIITSL.

Name change of a minor

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:

  1. A duly signed undertaking from the guardian of the minor.
  2. The original newspaper containing the ads notifying about the change of name
  3. Properly typed proforma as prescribed in duplicate, containing the applicant’s signature and the signatures of two witnesses; 
  4. A CD containing the print matter without the witness component in MS Word, with the name of the guardian in place of the applicant’s signature.
  5. Two passport-size pictures of each applicant and child that have been self-attested.
  6. A document with the applicant’s proper signature stating that the contents of the hard copy and electronic copy are the same.
  7. A request letter along with the required payment.

The official details of the process may be found here.

Name change after marriage

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:

  1. Create the affidavit with the fewest possible details about the married applicant.
  2. Finish the document on stamp paper with the appropriate value. State-by-state variations affect stamp duty rates. The government has set a stamp duty for each legal document, however since e-Stamp Paper was introduced, there is no longer a separate stamp tax for each document. Affidavits can be signed on any quantity of e-Stamp paper. For affidavits, the standard stamp duty amount is Rs. 10/-.
  3. Put your signature there and have a notary public certify it. It is essential yet crucial to get your affidavit notarized by a Notary Public. Getting notarization means receiving documents attested by a Notary Public with their seal and signature, declaring that the signer/deponent is a real original party and has acknowledged the statements.
  4. You just need to provide the Affidavit to the Local Municipality Department, the Children’s School, and other relevant/important papers like the PAN Card, Adhaar Card, Bank Account, etc. to update the information in the other required documents.
  5. In order to legally change your name, you must publish a notice in the Indian Gazette. However, publishing a notice in the Gazette is not required for female applicants. It is not necessary to publish the Gazette Notification if the change just affects the surname.  But, if the change affects the entire name, it is crucial to do so.

Name change after divorce

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.

Conclusion

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.

Frequently Asked Questions (FAQs)

What are the major steps to be undertaken to get a name change?

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. 

Do married women have to go through this procedure in order to change their last name to that of their husbands?

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:

  • Old name with the address and name of the father
  • A new name with the address and name of the husband
  • A copy of the marriage licence or an ID with the husband’s name on it

Does changing my name need any witnesses?

Yes, two witnesses are required for the name change procedure. Additionally, you must supply one identity document for each witness.

What should I present after legally changing my name in order to update it on vital documents?

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.

What details must be included in the name change affidavit?

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:

What constitutes the primary causes of name changes in India?

Marriage, divorce, disliking the existing name, numerology, religious considerations, political circumstances, change of gender, and

What is the eligibility for changing one’s name?

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.

How much time does the publication in the Gazette of India take?

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.

References


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