In almost every nation, a change of name is permissible. The laws and procedures for such a move, however, vary according to the rules of the various countries. Speaking regarding India, changing names is allowed in India, but the requestor must follow a thorough procedure for the same.
So, when you go to register your child’s birth, make sure that its name is properly registered in the official records because he/she will not be permitted to change it more than once in a lifetime.
We will let you know about the name change procedure, requirements in India.
What is the name change?
Procedure for the name change
Documents required for the name change
Why is it important to change the name legally?
What is the name change?
A change of name refers to the legal process of changing one ‘s name, which would be different from the name of the person being born, married, or adopted. It is worth noting that a name change has legal effect, and once a person undergoes a name change procedure the new name becomes the legal name of that person and only the name of that person. Therefore, an individual should consider carefully what the change of name will be before they opt for it.
Procedure for the name change
Widely categorized, the name change procedure only comprises three steps:
- Write an affidavit about the name change
- Place ads in newspapers with name change information
- Give articles to the Publishing Department and Notifying in the Gazette
The first and foremost criteria to be met by a name change applicant to change the name by themselves is that he/she should be over 18 years of age. For minors, the procedure will be done by parents.
Getting an Affidavit
A person who needs a name change will be required to send an affidavit for change of name (deed poll affidavit) on stamp paper which has to be attested by a notary. The applicant must state the following in the name change affidavit:
- Old and the new name,
- The reason for the name change and
- The applicant’s current address.
This affidavit for all potential references, filings, and legal formalities acts as a relevant and legal document.
The general format of the Affidavit is –
Publication in Newspaper
The next move is to print an ad in two newspapers-one in the official language of the vernacular and the other in English.
This is done to publicly declare the name change so that if a dispute occurred later, you will have your name change officially declared.
Retain the newspaper copies as well as its scanned copies very carefully.
The sample format of the newspaper publication is –
Notify in the Gazette
The last step is to publish your changed name in the national / state gazette.
- In most cases go to the department that looks after the publication in the Gazette, the Government Press.
- Fill out the “Deed changing surname form” and fill it out very carefully according to all the instructions given on.
- The name change notice will then be released in the Gazette and you will receive copies thereof in the Deed Form in the address given.
Documents required for the name change
Major / Adults (Compulsory documents)
- ID proof: Pan or Passport or Driving License or Aadhar Card or Voters I d
- Proof of address: Ration Card or Aadhar Card or Electricity Bill
- Photo: One Size Passport image
- Application Form: Application Form duly signed with all information & reasons for the change of name
For Minor under the age of 18 (Compulsory documents)
- ID: Aadhar Card or Aadhar Card or School ID
- Proof of Address: Ration Card or Aadhar Card
- Age Proof: Certificate of Birth or LC or Bonafide School
- Photograph: One Size Passport image
- Form of application: if necessary, properly signed by a minor and parents or guardians
Why is it important to change the name legally?
Since technology has been introduced into so many aspects of our day to day life, particularly for the proof of identity, it is important to note that any change in the identity of an individual should be made legally. Our names are provided on several important records, such as PAN, bank accounts, mark sheet, Aadhaar card, birth certificate, and so on, that serve identity verification purposes.
Individuals who fall convict to identity theft, credit card fraud, illegal signatures, spies or terrorists, credit evasion, etc. would use the other name to conduct their unlawful associations.
Therefore, a name change should be made legally to ensure that a person’s new name is their permanent name, processed for all purposes on record. Legally, the procedure of doing so guarantees accountability and transparency for recognition purposes and verification.