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A comprehensive guide on name change in India

A Process of name change in India

Changing your name in India is one of the simplest operations in our country, provided you know where to go and who to ask. If you wish to change your name without any hassle, you can do so.

The name of a person is part of his identity and a means of identification. Our attitude toward names is so casual that we do not recognise their significance in our daily lives. Imagine a world where no names exist. It would be chaotic and disorderly.

It is common practice to give a newborn a name shortly after birth. However, it is not compulsory to retain the name given to you by your parents. The Indian government has a law that permits individuals to change their names for whatever reason. As with many other government procedures and processes, the process to change one’s name is rarely used, and as a result, most individuals have minimal knowledge of it. This post aims to shed light on the straightforward but little-known technique for changing your name.

How to change my name?

The process for changing one’s name is as follows:

Presenting an Affidavit:

To change name, you need to see a Notary Advocate and have an affidavit drawn up. This affidavit must include your old and new names, as well as your address and the cause for your name change, which could be anything. For instance, a change of name after marriage, if you want a passport and your name does not include a surname, then you must add one in order to complete the process, if you do not like your name, or for any other legally permissible cause.

Publication of a Newspaper:

The court will require you to announce your name change in any two newspapers. One of these newspapers must be published in English, while the other must be printed in your native tongue. You must include your old name, new name, and address in this notification.

This notification is necessary because when you change your name, you file a case against the general public, and the court asks the general public to object to this name change. If someone objects to your name change, they can launch a legal challenge to prevent you from proceeding. If no objections are filed, the applicant may continue with the process. Typically, objections are submitted if an applicant has a criminal past. If the Police Department deems it essential, they will file an objection with the court to prevent a person with a criminal record from changing their name.

If no objections are filed by the deadline, the court will compel you to produce proof to support your claim. You will provide evidence in the form of a declaration that includes your current name and the desired name change. In addition, you must give the court your birth certificate and any other documents that bear your current name. You must present the original documents as well as photocopies of these documents with exhibits attached.

Additionally, you must produce two witnesses to corroborate your evidence. First witness should be your father or, in his absence, your mother. In cities and towns, the second witness must be the municipal commissioner. If you live in a village, the second witness must be the Sarpanch or a Lambardar in your region.

When the court is happy with your submissions, it will issue a decree declaring that your old name has been changed to the new name you requested and that the documents you presented are now valid under your new name.

Get a notification for name change:

After completing the preceding two processes, you must publish a notice of your name change in the official Gazette of your state or the national Gazette. To accomplish this, you must submit the affidavit you previously provided to the court along with the decision and a request for the printing of your notification. Each month, the Gazette is published, and your notice will be published as soon as your application is processed. When the Gazette is published, your new name becomes official.

If you want to change your name on other papers, you can do so by submitting an affidavit, newspaper notices, a court order in your favour, and a Gazette publication. The only requirement is to produce the certified copy of the decree when necessary.

Valid Reasons For Renaming:

  • You have probably seen individuals who add a letter to their name or change its spelling. This is primarily the result of numerological or astrological variables.
  • In India, it is common for the wife to adopt the surname of her husband. Renaming critical documents is required in this circumstance.
  • When a marriage ends, many women revert to their maiden names, eliminating the surname of their former spouse. In this case, they must likewise through the change procedure.
  • Occasionally, individuals detest their given names and desire to change them. They have the option of demanding a modification in this circumstance.
  • Numerous politicians and aspiring politicians change their names to establish a regional connection with the audience. Some people add titles such as ‘Swaraj’ or ‘Bharat’ to their names.
  • When a person desires to change their gender, the next step is to change their name.

What Are the Documents Required to Change Name Legally in India?

  • Affidavit printed on stamp paper
  • The initial publication including the name change advertisement
  • The appropriate form duly signed by the applicant and two witnesses.
  • Two passport-sized images copies of valid ID documents ( PAN card, Aadhaar card, or passport)
  • A letter attesting to the veracity of the application’s physical and electronic copies
  • The registration fee together with a request letter to the authority.

Outline of the Procedure to Rename Legally in India:

  • Prepare and have notarized an affidavit on stamp paper declaring your intent to change your name.
  • After filing the document and application, you must publish your decision to rename in at least two local publications. Both the previous and new names should be revealed in the advertisement.
  • The applicant must then, assuming no objections are presented, have the application published in the Indian Gazette.

Conclusion:

Your name is a reflection of who you are; however, many people are unhappy with their names and wish to change them because they do not correctly represent their identities or personalities. Fortunately, our legal system has a mechanism to cope with such identity crises, so it can assist us in such situations.

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