Legal Method to change your Name : Complete Guide.

LEGAL METHOD TO CHANGE YOUR NAME

Name is something by which a person is known since the time of his/her inception; by which the society knows him but there may be some reasons due to which the person wants to change his/her name.

The name changing method followed in India is of 3 steps:

1. Affidavit
2. Newspaper Publication
3. Gazette Notification

1. AFFIDAVIT:

First of all the name changing method requires the person to make an affidavit for the same from notary. In that affidavit you have to mention reasons for the changing of your name like some persons need to change the name because of marriage especially girls or divorce or some astrological issue. The reason for changing of name should be legal. There should be no illegality attached to it. A person cannot change a name for following reasons-

• To escape liability
• To hide his identity
• To use any name which is offensive, illegal or against morals.

Hence the name to be changed should be decent and the person is free to use any other name which is legal. By this a person can change his first or last name or both first and last name. There should be some copies of affidavit to preserve the original.

Hence getting an affidavit forms the first step in name changing.

2. NEWSPAPER PUBLICATION:

After affidavit is ready, the next step to move ahead is official publication in newspaper. It is published in newspaper to make people aware that XYZ person who is a resident of so and so area is changing his name to ABC.

The format in the newspaper goes like-

I, Sri ___________________ (old name) have changed my name from __________________ (old name) to ______________ (new name) by affidavit sworn before the Notary Public, ______________ (place) on ___________ (date). Henceforth, I shall be known as _________________ (New Name) for all purposes. ______________ (Name) and _______________ (Complete postal address).[1]

This should be published in any two newspaper- one should be generally in local language e.g. if a person is changing his name in the state of Gujarat then he should publish the same in one Gujarati newspaper and other can be in an English newspaper or some other.

So the publishing of name in newspaper forms the second step.

3. OFFICIAL GAZETTE:

Publication of name in the official gazette is the final step in the process of name change. For getting the name to be published in official gazette following things needs to be done-

• Visit your local Government Press or the department that mobilizes Gazette notification.
• Get 2 copies of “Deed Changing Surname Form”.

Further for verification, the person needs to send the following documents to the Secretary, Department of Commerce and transport-

• Letter to the Secretary, requesting him to allow you to change your name.
• The “Deed Changing Surname Form”
• 2 True copies of the newspapers in which your name change statement is published.
• Attested copy of the Name Change Affidavit.
• A print out of the statement in plain paper that you need to publish in your official Gazette. (Generally Same as your Newspaper Statement)
• A Copy of your current identity like your Voter Identity Card, PAN Card, Birth Certificate, School or College Certificates and etc.[2]

Within a week, the person will get the reply from the Secretary, Department of Commerce and Transport.

After getting the reply again the person needs to go to the Government Press or the department that mobilizes Gazette Notification and should show the copy of  reply which they will match with existing order.

Deposit the fees for the name changing and by this the name will be published in Official Gazette. Once the name is published in Official Gazette, the process comes to an end and the person is called by his new name!

[1] http://www.namechangetips.com/change-name/how-to-change-your-name-legally-in-india-3-easy-steps/92774

[2]http://www.namechangetips.com/change-name/how-to-change-your-name-legally-in-india-3-easy-steps/92774

BY: Kavya Jhawar, GLS Law college, Ahmedabad.