Change in name Change in name

3 years ago

How do I change my sername? I was adopted by my mom's sister and they didnt changed the sername after adoption by court.

Kishan Dutt Kalaskar

Responded 3 years ago

View All Answers
A.To get your name changed by an order of the court in India , you will have to file a suit for declaration praying for decreeing your suit thereby declaring that you will hence forth be known as ………….( new name) from the date of the passing of the said decree and that your name in ………… certificates be also read as ……… .
In this case you will have to file the said suit against the General Public.
The court will order for the publication of a notice in two news papers ,thereby giving a notice to the public that you have filed a suit for changing your name from …… to ……… The said notice shall be given to the public by the court by getting the above matter published on news paper in English language and another news paper in a news paper in the local language of the place of your residence.
In the said notice the court will invite objections from the general public to file their objections if any in respect of the said change of your name.
If anyone has any objection he shall file his objections in the said court if he has any objection to the said change in your name.
If no objections come in before the court within the stipulated time period, then the said court will ask you to tender evidence in support of your claim.
In your evidence you will give your evidence in the form of a statement made before the court that your name is …….. and you want to change your name to …… Here you will have to submit documentary evidence to prove that your name is….. and in support of the same you should produce your birth certificate and other documents wherein your present name is written. In your statement in evidence you shall state that your name mentioned in the said documents should be read as …..( new name) in place of the name mentioned therein. Produce all said original documents before the court and exhibit the photostat copies of the same as proof.
Second witness you should produce in evidence should be preferably your father and in his absence your mother . They should give their evidence to the effect that you are their son. Their statements should support your tendered evidence.
Another witness whom you should produce in evidence should be either a Municipal Commissioner , if you live in a city or town or a Lambardar, Sarpanch or a member of the panchayat of your village in case you live in a village which does not have a municipal council.
On the completion of your evidence the court will decree your suit declaring that you have changed your name from ….. to …….. and that hence forth you shall be known by the name of …..
Further if you have prayed in your submitted pleadings of the suit that your …………….. & ……. & ……. certificates your name which has been shown as ….. should be read as ……. ( new name)
Thereafter in pursuance of the judgement and decree passed by the said court you will be known by the new name and in all of your documents submitted in the court your name will be read as the new name in place of the existing name.
You can show the said judgement and decree wherever the need arises . The same shall have a binding effect for your future events.
Here it is brought to your notice that the court may ask you to array , as defendants , the authorities who have issued the relevant certificates to you and which you have produced before the court, in which you want your name to be read as the new one in place of the old one.


I am a lawyer by profession, and have followed the below given procedure for changing my own name. Let me use my experience to help you to change your own name.
Follow the below given steps for changing your own name.
Step 1 – Affidavit
Go to you local Notary and make an affidavit regarding change of your name. You have to mention therein your specific reason for changing your name. For example, you may like to change your name after marriage (especially for women), due to astrological or numerological reasons or anything. Recently, one of my friends was going to start his own company who was locally famous in his nickname, and thus he changed his name from Rishabh Agarwal to Saurav Agarwal.
Note: Here is your sample name change affidavit for reference.
Tips: Make a few copies of your affidavit, and preserve the original one carefully. It’s better to scan it, and preserve its electronic copy on your external hard disk as well as on multiple computers.
This affidavit can be used for changing your first or last name and also using the same, you can completely change your name (both first and last name, for example from Rishabh Agarwal to Saurav Verma).
Step 2 – Newspaper Publication
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).
Full Signature
Fill in the blanks with appropriate details and publish it in your local newspaper.
Tips:
You can choose any 2 local newspapers for publishing it. (No need for FrontPage coverage). Although you need only once copy but its better to get ten copies of that newspaper in which your statement is published and preserve it carefully, because it’s now a lifetime issue. It’s better to preserve both the hard and scanned copies of the newspaper.
Step 3 – Gazette Notification
Now for getting your name published in the Official Gazette of your state, for example: “The Delhi Gazette”, you need to do the following things:
1. Visit your local Government Press or the department that mobilizes Gazette notification.
2. Get 2 copies of “Deed Changing Surname Form”. (Fill this form carefully as per the instructions provided therein)
3. If possible get the phone number, or the mobile number of the person of that department who can help you for Gazette Notification.
Verification
You need to send the following documents to the Secretary, Department of Commerce & Transport (Commerce), _________________ (State).
1. Letter to the Secretary, requesting him to allow you to change your name. (Click here to view sample letter)
2. The “Deed Changing Surname Form”
3. 2 True copies of the newspapers in which your name change statement is published.
4. Attested copy of the Name Change Affidavit.
5. A print out of the statement in plain paper that you need to publish in your official Gazette. (Generally Same as your Newspaper Statement)
6. A Copy of your current identity like your Voter Identity Card, PAN Card, Birth Certificate, School or College Certificates and etc.




To get your name changed by an order of the court in India , you will have to file a suit for declaration praying for decreeing your suit thereby declaring that you will hence forth be known as ………….( new name) from the date of the passing of the said decree and that your name in ………… certificates be also read as ……… .
In this case you will have to file the said suit against the General Public.
The court will order for the publication of a notice in two news papers ,thereby giving a notice to the public that you have filed a suit for changing your name from …… to ……… The said notice shall be given to the public by the court by getting the above matter published on news paper in English language and another news paper in a news paper in the local language of the place of your residence.
In the said notice the court will invite objections from the general public to file their objections if any in respect of the said change of your name.
If anyone has any objection he shall file his objections in the said court if he has any objection to the said change in your name.
If no objections come in before the court within the stipulated time period, then the said court will ask you to tender evidence in support of your claim.
In your evidence you will give your evidence in the form of a statement made before the court that your name is …….. and you want to change your name to …… Here you will have to submit documentary evidence to prove that your name is….. and in support of the same you should produce your birth certificate and other documents wherein your present name is written. In your statement in evidence you shall state that your name mentioned in the said documents should be read as …..( new name) in place of the name mentioned therein. Produce all said original documents before the court and exhibit the photostat copies of the same as proof.
Second witness you should produce in evidence should be preferably your father and in his absence your mother . They should give their evidence to the effect that you are their son. Their statements should support your tendered evidence.
Another witness whom you should produce in evidence should be either a Municipal Commissioner , if you live in a city or town or a Lambardar, Sarpanch or a member of the panchayat of your village in case you live in a village which does not have a municipal council.
On the completion of your evidence the court will decree your suit declaring that you have changed your name from ….. to …….. and that hence forth you shall be known by the name of …..
Further if you have prayed in your submitted pleadings of the suit that your …………….. & ……. & ……. certificates your name which has been shown as ….. should be read as ……. ( new name)
Thereafter in pursuance of the judgement and decree passed by the said court you will be known by the new name and in all of your documents submitted in the court your name will be read as the new name in place of the existing name.
You can show the said judgement and decree wherever the need arises . The same shall have a binding effect for your future events.
Here it is brought to your notice that the court may ask you to array , as defendants , the authorities who have issued the relevant certificates to you and which you have produced before the court, in which you want your name to be read as the new one in place of the old one.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 3 years ago

A.Approach any local lawyer who will help you
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconHow to prove legal heir with out adopted certificate
Dear Client, In the absence of an adoption deed or legal heir certificate, it is almost impossible to claim a share in the ancestral property which is in the name of your grandma. The contents of you...
question iconI am a divorcee with a 15 yr old son
Dear Client, you have to go through the process of CARA and firstly register the child with the same. later follow all procedure as per sec 52 of the act and the person wanting to adopt must provide...
question iconAdoption Case
Dear Client, Without the consent of the biological father of the daughter from the first marriage even if it is dissolved by a decree of divorce, you cannot adopt the daughter of your wife who takes...
question iconMyself and wife want to adopt child from srilanka from my cousin sister
Dear Client, As per the Central Adoption Resource Authority(CARA) under the Ministry of Women and Child Development, Govt. of India, in the matter of adoption procedure for intercountry relative adopt...
question iconLegal name change
Dear Client, Being the sole natural guardian after the demise of her husband, the widow is entitled to change the surname of her child and can give him the surname of her second husband if she marries...