An affidavit is an essential document that needs to be submitted when a person needs to make changes to the certificates. The certificates can include birth certificates, educational certificates, passports, etc.

A name change affidavit needs to be submitted by following a systematic format and procedure in which a person must give a declaration about his real name along with the incorrect name that has been registered in the particular document. A notary officer should assist in the drafting of an affidavit following a proper procedure.

The affidavit should contain both the old and new names, as well as the reason for the name change, and it should be verified and authenticated.

How To Draft Name Correction Affidavit?

To draft the name correction affidavit following steps must be taken into action.

The name change affidavit should be prepared following a proper format and should contain details about the incorrect name and the correct name of the person.

The draft of the affidavit should be made on a stamp paper. Sign the affidavit and make it attested by a local notary office near you.

Reasons Leading To Name Change Of An Individual.

There are various reasons which can lead to a need for a name change. Some of these include the following:-

Change Of Name or surname of woman after marriage to take up the name of her husband.
Remarriage
Divorce case
Adoption of a child
Numerological reasons
Astrological reasons
Dissatisfaction with the old name
Change of religion
Change in gender
Wrong entry of the name in the official records.

Documents Required For Name Change

A certain set of essential documents needs to be submitted to the concerned authorities to begin the process of name change in India.

The documents that need to be submitted are as follows:-

Name change affidavit
The original newspapers must be provided in which name change advertisement was published by the applicant.
The specified proforma signed by the applicant and 2 witnesses.
Valid identity proof that can include passport, aadhaar card, voter ID etc.
2 passport size photographs.
A certificate declaring that the details in the soft copy and hard copy are the same and true.
A request application
Registry fee.

Procedure For Name Change In India

The procedure for legal name change in India majorly involves 3 significant steps which need to be followed by the applicant desiring to change his or her name.

Name Change Affidavit

As a first step, you must prepare a name change affidavit. A name change affidavit must be prepared carefully with the assistance of a local notary officer who will help you include the old name, new name, and a valid reason for the name change.

Name change advertisement.

You will have to advertise your new name in two newspapers after preparing your name change affidavit. One ad must appear in a regional newspaper and the other in a national newspaper. The advertisement should contain adequate and accurate information.

Gazette notification.

The last step that comes into play is publishing a gazette notification. The applicant must fill out an application form and pay the fee at the gazette office. A person who is in charge will provide you with all the necessary details.

After this step, your procedure will be legally completed, and you will be informed about the name change.

What amount of stamp paper should be used for the preparation of a name correction affidavit?

State-by-state stamp paper amount varies. The most commonly used stamp paper for drafting affidavits costs Rs. 10 (in Delhi), Rs. 20 (in Karnataka), and Rs. 100 (in Maharashtra).

Is It Mandatory To Make The Affidavit Notarized?

The name change affidavit has to be attested with the assistance of a local notary officer. It is done to ensure that the applicant is the actual or original party and that the reason stated in the affidavit is correct.

The local notary officer helps the applicant by mentioning the old name, new name, and reason for a name change. Thus, it is necessary to make the affidavit notarized.

What Is The Next Step After Getting Name Correction Affidavit in India?

After you have successfully drafted the affidavit for the name change, you need to submit the affidavit with other essential documents to the concerned department with the proof of the actual name.

The concerned department or authority will verify your document and update your name.

What Purposes Do We Need To Prepare Affidavit For Name Change?

The name change affidavit can be used for the purposes given below:-

Name change in educational certificates, including mark sheets.
Name change in birth certificates.
A name change in the passport or other ID proofs.

Who Can Create A Name Correction Affidavit?

The name change affidavit can be prepared by the person whose name has been incorrectly recorded or who desires to change their name in the documents.

The people eligible for taking steps in preparation of an affidavit are:-

Applicant
Legal guardian
If the applicant is a minor then the parents are eligible for the same.

The reason for the need to change the name can be many, some of which include marriage, divorce, dissatisfaction with the name, spelling mistakes, etc.

Many people confuse the name change affidavit with ‘one and the same person affidavit.’ Though they are similar in many ways, they hold a slight difference when we talk about the validity of different versions of the name.

What Should All Details Be Included In The Name Correction Affidavit?

This affidavit should include the applicant’s name, date of birth, and address, as well as relevant information about the applicant, such as the father’s or husband’s name.

Usually, a local notary officer will assist in the preparation of the name change affidavit by mentioning the old and new names and the reasons behind the change.

All these details have to be adequately prepared and should be solemnly affirmed and declared while drafting an affidavit. It should be made sure that the affidavit is not prepared to conduct any fraudulent activity.

How To Make It Legally Valid?

The affidavit should be drafted properly and systematically. The amount of stamp paper varies from state to state.

The affidavit should be signed by the person desiring to change the name and attest to the name change and by the assistance of a local notary officer or a magistrate.

Conclusion

The affidavit must be attested by a local notary officer before it can be used as a legal document. Name change officers help explain why a name change is necessary as well as the old and new names. Name change affidavits must be written on stamp paper.

Valid reason and proper details must be mentioned in the affidavit and should contain the applicant’s signature if it is in written form. Suppose a person voluntarily drafts wrong information in the affidavit for the name change, to conduct fraudulent activities, or for any misuse. In that case, they have to face strict consequences for the same. It can lead to imprisonment for a term ranging from 3 to 7 years or more.

Frequently Asked Questions (FAQ)

Q1) How can I get an affidavit for a name change in India?

The affidavit has to be prepared following a systematic format and procedure for which it has to be attested by a local notary officer. The affidavit must be drafted on stamp paper, the amount of which varies from state to state, but generally, it has a nominal value.

Q2) What is the validity of a name change affidavit?

As stated in the Indian notaries act 1952, the name change affidavit has no time validity. But the validity may be questioned in case of major changes in facts and circumstances in the affidavit.

Q3) Is the affidavit a legal document?

An affidavit is an essential legal document required for the name change procedure. It ensures the accuracy of the details mentioned in it. There are mainly three types of affidavits: oral, written, and certified.