Name Change Procedure in India

Some people (especially women) in India wish to change their name, and there are many reasons for changing it. Most women change their last names because of marriage to add their husbands’ names, some people discard their original names for luck changes, and some people change to create a new identity. There are many formalities involved in the name-changing process. Here we are going to tell you about the name change procedure in India.

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What does a Name Change refer to?

A name change is nothing but a legal process through which a person can adopt some other name and identity. According to the Indian high commission, you can change your birth name, marriage name, or adoption name. Many legal factors are involved in this procedure, and once the name is changed, the new name will become the person’s legal identity. It is a little complicated process, so, you must think properly and choose a perfect name.

Document Required for change of your name

The name change documents might come in handy and make the procedure hassle-free. You will require the following documents:

  • An Affidavit of changing the name.
  • Add in the newspaper (original cutting and a copy of add in the newspaper).
  • An approved proforma signed by two witnesses with details like their full name, address, and contact details.
  • A CD containing an E-copy of this proforma with the applicant’s old name in the signature column. (It should be without witness details).
  • A certificate that confirms similarity in CD and Hard Copy details.
  • Two passport-size photographs
  • A copy of the applicant’s ID proof (any one out of passport, Aadhar Card, PAN card, Voter ID, or driving license).
  • A Cover Letter

Eligibility For Name Change In India

Only some people can be eligible to change names in India. People need to qualify for specific eligibility criteria:

  • An individual who wants to change his/her name must be an Indian.
  • He/she should be 18 or above.
  • One must have legal government ID proof.
  • One should have a solid reason for changing the name.
  • Minors (people below 18) must have their parents’ consent and visit the government office with parents for the name change procedure.
Name Change Procedure in India

Who Can Apply For Name Change in India

Any Individual who has Indian Nationality and is not a minor (means above 18) is legally allowed to change his/her name. However, a person must follow the legal procedure for this.

How to Apply for A Name Change in India?

The procedure for changing names in India involves a few mandatory steps. You need to provide the required documents and follow this procedure to change your namelegally.

  • Make an affidavit for name change and submit deed for change

A person who is willing to change his or her name must make an affidavit ( a deed changing name form available for the changing name) and submit it. It should be on stamped paper and attested by a notary. You should fill out the name change application carefully. Here are some things that you have to mention in the affidavit when you apply for name change:

  • Mention your old and new name.
  • Mention the reason for the name change.
  • You should also mention the current address.

This affidavit is essential and can be used as a legal document in the future. Get a print of the stamped affidavit, and you must get it signed by two witnesses.

  • Newspaper Publication of the change in name

Once you complete the first step in the process for name change, the second step is to publish a notification or advertisement that you are discarding the previous name and adopting a new one in one local and one national newspaper. A copy of the publication of name change should be attached to the document. The details that you have to mention in the newspaper are a new name, an old name, and your residential address. Keep a copy of the change of name advertisement. 

  • The name change Gazette notification.

After completing all the formalities, you should submit the applications and documents for publication stating the change of name in the Gazette to the department of publication. This Gazette publication acts as substantial proof of your name change.

It takes 7 days for your changed name to be published in the official copies of the Gazette. After the publication, a copy of the official name change Gazette is sent through courier.

The Gazette of India is a public journal and authorized legal documents for publication of name. It is necessary for government employees to publish a name change in the official gazette of India by writing the application for a name change.

Though the process of officially changing your name is complete, it is still important to keep all the supporting paperwork for updating your name in the bank records, getting an updated name in your PAN card, and any other ID documents.

These are some of the procedures through which your name change will be made. Nowadays a name change online is possible, so one can opt for it. The procedure of changing a name online is easy as it is done in the comfort of your house.

Why is it Important to Follow Legal Rules While Changing Names:

We are living in a modern and well-developed era where it is necessary to provide proof of identity. So, if you want to modify something related to your identity, you should follow the proper legal process. As we all know, our names are mentioned in many important documents like Pan cards, Bank accounts, mark sheets, Aadhar cards, passports, birth certificates, etc. These documents also act as identity proof. Thus, changing one’s name lawfully is crucial.

It is necessary to legally verify your name as there are criminals who constantly revise their names to conduct their criminal activities. Whenever you want to change your name, it should be done legally to certify that the new name is your permanent. 

Benefits of Changing the Name Legally:

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There are many benefits of changing the name by honestly following legal procedures. You always get benefits if you follow legal procedures and avoid illegal things. Here are some benefits of a name change legally:

  • You might not need a lawyer for changing your name lawfully. The services required during the name-changing procedure do not need a lawyer. You can work on it on your own.
  • The procedure for changing a name gets easy when the name change reason is because of marriage or divorce in India. A woman can change her name because of the divorce, and if she is willing to continue with the same name, then there are no restrictions.
  • Following the legal ways provide you with official recognition. If one follows the right rules, one can easily revise the name on all the other legal documents. If an individual has not officially changed his name, he will likely get rejected because of improper evidence.
  • When you follow the official legal methodology of the name change, you will receive a permanent record. 

As mentioned above, those benefits we receive if we follow the proper name change procedure in India. The legal process of name change in India is not very hard. 

Drawbacks of Name Change when you are not dealing with the Lawful Procedure:

Like the benefits, there are also some drawbacks of the name change when you do not follow the legal approach. Here are some drawbacks that you should know about:

  • If a person is willing to change his/her name and if they do not follow proper rules, then there are chances of getting rejected. 
  • A person is liable to commit a crime if he or she does not follow the legal procedure for changing his name.
  • There are many cases related to fraud when it comes to real estate, so it is important to get your name changed legally.
  • There might be severe issues if you revise your name illegally while taking loans from banks.
  • Due to an illegal name change, a person cannot receive his payments or pay taxes. 

These are some drawbacks if people change names and do not follow lawful procedures.

Common Reasons for Name Changing in India:

There are multiple reasons a person wants to change his or her name. Some of them are as followed:

  • Name change after marriage (if women would like to change their surname)
  • Astrology reasons
  • Remarriage ( when women add their husband’s name as initials or last name)
  • Religion Change
  • Wrong name in the documents
  • Spelling mistakes in name or last name (when the name change is required essentially)
  • Not happy with the name

Conclusion

Changing a name in India is not very common, and there are only a few reasons behind changing your name. The above-mentioned procedure can be followed to change your name. Following legal practice is the most important thing you have to keep in mind while changing your name. You can enjoy many benefits if you legally change your name.

FAQs:

How much does a name change in India cost?

In India, the Government is accountable for publishing changes in citizens’ names in the Gazette. The fee or cost for Gazette notifications can range from Rs. 700 to Rs. 900. It depends on whether an individual wants public notice or not.

How much time does it take in India to legally change one’s name?

Changing one’s name takes time, cautious planning, and a lot of complicated pre- and post-gazette publishing compliance. However, it can take 4 to 8 weeks to have your new name published in the gazette.

What is the legal name-changing procedure?

The process for changing one’s name may be broadly divided into three steps:
·      Create an affidavit for a name change.
·      Publish a newspaper ad describing the name change.
·      Papers should be submitted to The Department of Publication.

Does one require a lawyer’s help to change the name?

Even if one can change the name by deed poll, a lawyer’s assistance could be helpful. Otherwise, one can manage throughout the name change procedure, though it is tedious.

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