Name change process in India
Name changes are fairly common in the present, and many people do so for a variety of reasons. As assured in Article 19(1)(a) of the Indian Constitution, the right to change one’s name comes under the freedom of expression. However, it should be noted 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. Here, we will provide some important things to know about the name change process in India.
Reasons for Name Change
There are several reasons why one may want to change their name-
- Error in the birth certificate
- Error in school certificates
- In the case of women, after marriage or divorce
- Spelling errors
- For adoption
- Change in religion
- Numerological or astrological reasons
- To change surname
- Change of gender
- Dislike of current name
- Identity change
Name change process in India
The name change process in India is lengthy, but simple. It involves the following steps: (1) an affidavit submission (2) a publication in the newspaper (3) a publication in the Official Gazette of India
1. Name Change Affidavit
The first step is making an affidavit for name change, which is essentially a written statement which will be used as evidence in court. The document should contain details such as your old name, new name, and reason for name change. It should also include details of your partner or parents where applicable, including their age and address. It is advisable to make your affidavit with the help of a lawyer, to make the process more straightforward. After framing the affidavit, it should be printed on a stamp paper and signed by two witnesses. Following this, it should be notarized by a notary.
2. Publication in Newspaper
Following the affidavit, an advertisement about the name change should be published in a local and national newspaper. It should be published in both the regional language as well as English. This step is crucial, and the advertisement must be checked carefully before publication, as even a little mistake and delay the entire process.
3. Gazette Publication
Next, the application and the documents required for publishing the name change in the Official Gazette should be submitted. The required documents are:
- Newspaper advertisement (original as well as a photocopy)
- Affidavit for name change
- Prescribed proforma for the name change. It should be signed by two witnesses and witness details, including name, address and contact information
- Soft copy of the proforma with no witness details, but including the applicant’s old name
- Proof (in the form of a certificate) that the details provided in both the hard copy and soft copy proforma are the same
- Two self-attested passport size photos
- Identity proof of the applicant in the form of a photocopy of any of the following documents: Aadhar card, voter ID, driving license, PAN card, or passport
- Demand draft for the payment of fees
These documents should be addressed to the Department of Publication in New Delhi. Publication of the name change will be made in the Official Gazette within 30 days of sending in the application. After publication, a copy of the Official Gazette will be sent through courier.
What happens after the name change process
After changing your name, you will have to update your name in government documents and personal documents. Usually, the following documents are required to be updated post name change:
- Aadhar Card
- Bank Accounts
- Driving License
- PAN Card
- Passport
- Ration Card
- Voter ID Card
Eligibility criteria and rules for name change
Anyone can apply for a name change at any stage of life. However, there are certain eligibility requirements if one wants to change their name. First, the person should be an Indian citizen and have valid government ID proof. Second, the person’s reason for name change should match one of the above stated reasons.
If a minor wishes to change their name, they must be accompanied by their parents or legal guardian to the government office. The process for name change remains the same regardless of age.
There are also some rules which need to be followed if you want to change your name:
- You cannot change your name to commit any type of fraud, such as avoiding debts, hiding your identity, and dodging financial and legal issues
- If it can’t be demonstrated that you do not intend to deceive anyone, the Court will not let you change your name to that of a famous individual, for instance, a celebrity.
- You cannot choose an offensive or obscene name, or a complicated name with punctuations.
Some important things to keep in mind
While the name change process is simple, it is time-consuming and includes a lot of administrative formalities. If the first two steps of drafting the affidavit and newspaper publication have mistakes, then the application will be rejected by the gazette office and the whole process will have to be restarted, which can end up being expensive. It is therefore recommended that you take the help of a lawyer or agent with experience in this field, to make the process easier.
Also, all the legal formalities in the process should be complied with, since our names are on important documents such as our Aadhar card, bank accounts and birth certificate. Therefore, it is crucial that your new name can be legally verified and stored for all purposes as a permanent name on record. Transparency and accountability for identification and verification can be ensured by following the name change process legally.
We also believe that legal assistance is a right of every citizen irrespective of their financial conditions. At Lawtendo, We are here to commence special programs for people who reach out to us for free legal advice and are financially not strong enough to finance the procedure.
