Steps to change your name in India

Some names bear a lot of importance to a person and a culture, a name is not just an identification. Quite often a name is a tradition, and social position, and sometimes even fate. In a given period, there are significant reasons that may lead to a change of name by an individual legally. In India, the legal process of changing the name is prescribed as certain procedures have to be followed and awareness of these is important. 

The significance of a name

A name is easily one of the most integral aspects of human identification as individuals from birth. Aside from how people may recognize and refer to us and identify ourselves within the community. Indian society, in most cases, can associate a name's meaning with one’s ancestral background or religious affiliation. Consequently, renaming has always been regarded as a major life transformation process, which affects a person’s status in both legal and community terms.

Reasons for name change in India

The people of India have numerous personal and cultural reasons to change the name throughout their lives. The most common reasons include:

Marriage: For many years now, women in India have been known to alter their last names and take those of their husbands’ names. Yet, it is also fashionable to retain the maiden name or take a husband’s last name with the addition of the maiden name using hyphens.

Divorce or Separation: After the divorce, some of the women opt to go back to their birth name to avoid using a name related to their ex-spouse.

Numerology and Astrology: Most Indians think it possible to change their names to numerology or as advised through astrology to enhance success or balance in their lives.

Religious Conversion: When people decide to switch their religion they opt to adopt an unfamiliar name, which may be an indication of a new beginning or conformity to religious practices.

Gender Identity: For transgenders, identification means a process during which they can get a new name, which makes them feel that their gender identity is respected and can change their legal name.

Personal Preference: At other times people do not have any problems with their names but would prefer that they are changed or are alien to them. This could be done in an attempt to better capture the company’s identity or personality.

Legal guidelines for name change in India (for adults)

Legal importance of changing the name in India and the legal process that a person has to incorporate in India to get his/her new name published in the Gazette of India.

Documents Required:

• An Undertaking signed by the applicant detailing old and new names.

• Original Newspaper with a name change ad, including father's or husband's name and address.

• Typed proforma in duplicate, signed by two witnesses.

• A soft copy (CD) of the print matter in MS Word format without the witness portion.

• Two self-attested passport-size photographs and ID proof.

• A Certificate signed by the applicant confirming that the hard and soft copy contents are identical.

• Request letter with the requisite fee.
  
  

Procedure for Publication in the Gazette:

Newspaper Advertisement: Publish an ad in a local daily newspaper with details of the name change.

Application Submission: Submit all required documents and a request letter to the Department of Publications either in person or by post.

Payment of Fee: The current fee for Indian residents is INR 1100. Foreign citizens must pay INR 3500.

Gazette Download: Since physical copies are no longer issued, applicants must download the Gazette from the government portal. 

Special Requirements:

• If the applicant is adopting a new religion or surname without changing religion, an additional undertaking is required.

• For government employees, a deed for name change must be submitted as per the Ministry of Home Affairs instructions.

Important Considerations:

• Only applications submitted directly (not through agents) will be accepted.

• The Department of Publications is not responsible for any delays caused by the printing press.

• Once submitted, no documents will be returned.
  
  

Impact of Legal Name Change

Changing your name can impact several legal documents and services such as your passport, driver's license, Aadhar, PAN card, etc. It may require updating your identity documents, bank records, insurance policies, and any legal contracts.

Detailed process for name change of a minor in the Gazette of India (Part IV)

1. Required Documents:

• Undertaking: Signed by the guardian, containing full details such as name, address, and child’s age.

• Newspaper Ad: Publish an ad in a leading newspaper specifying the name change and include the full identification of the child.

• Proforma: Submit a duplicate copy of the prescribed format with the signatures of the guardian and two witnesses.

• CD Submission: Provide a CD with the typed print matter, excluding the witness section.

• Photographs: Two passport-size self-attested photographs of each of the guardians and the child.

• Certificate: A signed declaration affirming that the hard copy and soft copy (CD) are identical.

• Fee Payment Receipt: Pay the fee through Bharat Kosh (as per guidelines).
  
  

2. Publishing Name Change in a Newspaper:

• The parent or guardian must notify the name change of the child in a widely circulated daily newspaper. This notification should include the child's name, the parent's name, address, and the child's age.

• Submit the entire page of the newspaper that contains the notification to the Department of Publications.
  
  

3. Submitting Documents:

• Submit the required documents, including the prescribed form and newspaper ad, either in person or by post to: ‘The Controller of Publications, Department of Publication, Civil Lines, Delhi-110054.’

• The documents should be no older than one year and must include self-attested photo ID proof of the guardian.

• If submitting in person, the guardian must bring passport-size photographs of themselves and the child.

• For applications submitted via post, all documents, including photographs and a copy of photo ID proof, must be included.
  
  

4. Fee Details:

• As of 2018, the fee for publishing the name change in the Gazette is processed via the Bharat Kosh portal.

• Indian citizens residing abroad must pay Rs. 5,100 for name change publication.
  
  

5. Soft Copy Requirements:

• A soft copy (CD) of the print matter, excluding the witness section, must be submitted in MS Word format, ensuring that the hard and soft copies are identical.
  
  

6. Steps to Download the Gazette Notification:

• The Government stopped printing physical copies of the Gazette on October 1, 2015. All Gazette publications are now available online.

• Steps for downloading the notification:

1. Visit the Gazette of India website.

2. Search for the relevant week.

3. Select Part IV and download the PDF file.

4. Use Ctrl+F to search for the name (old/new).

5. Save the file as your copy.
   
   

7. Terms and Conditions:

• The documentation must be complete fulfilling all the requirements of the application. Incomplete applications will not be accepted.

• There is no provision for third-party agents or advocates to present any application.

• Upon submission of the documents the originals or such copies as may have been submitted shall not be identifiable under any circumstances.

• The Department of Publications shall not take responsibility for the delay of print or of some alteration to downloaded copy from the website.
  
  

8. Legal Compliance:

The guardian is required to provide an affirmation that they have provided legal sanction and that the minor has been renamed consequent to formalities.

9. Timings for Public Dealings:

• The Department of Publications accepts public applications from Monday to Friday between 10:00 AM to 1:00 PM and 2:00 PM to 4:00 PM.

• Admittedly, in submission to these detailed steps, the name change of a minor can be very effectively advertised and noted appropriately in the Gazette of India (Part IV).
  
  

Legal requirements

Not following the legal requirements when it comes to going through a name change can cause problems when one is seeking to alter these legal documents. If the name change is not legal the situation when applying for loans, when filing taxes or involving in any legal matters will pose a problem. Thus, it is important to be as precise as possible when carrying out each of these tasks in order not to stir up any legal complications. A lawyer can help you tackle all the issues and complications throughout the process of you name change. 

What gets in the way and what not to do

While the process is straightforward, there are several pitfalls you should avoid:

• Incomplete Affidavit: The problem is that most people fail to fill in their affidavits properly and this will lead to rejections.

• Not Publishing in Two Newspapers: In some jurisdictions, the applicant may not post the name change in both a regional and an English newspaper, which would render the process null and void in those jurisdictions.

• Not Keeping Copies: Some of the documents that are needed when updating your legal documents include affidavits, newspaper advertisements, and the Gazette notification, among others, it is therefore recommended that you keep photocopies of any of the documents.

• Not Updating All Documents: The problem mainly arises when people fail to modify their documents after the Gazette notice, resulting in differences among the diverse legal instruments.
  
  

What to do after your name is legally changed

After the legal change of name, it is crucial to ensure that all the necessary documents reflect the new name. Here's what you need to update:

• Aadhaar Card: Please check the nearest Aadhaar centre and go along with your Gazette notification and any valid photo ID to get your Aadhaar card updated.

• Passport: To reissue your passport, ensure you fill in the forms and Gazette notification on your application.

• PAN Card: Apply for a new and updated PAN card through the service of PAN.

• Voter ID: In the same way, use the necessary documents to apply for a change of name on your voter identification card.
  
  

Conclusion

Despite being personal, a name change in India requires a legal process of decentralization that will ensure that the newly assumed name is legally acceptable in the courts of law and other departments. Affidavits and other formalities, advertisements, and filling up of notification to the Gazette are very important to make the transition as smooth as possible and legal. After the process is done, all identification documents ought to be changed indicating your new identity on all records. 

Assistance from a legal advisor in the process of name change is required to prevent confusion and the non-conformity of the procedure to formalities. A lawyer can advise you on paperwork and where things are supposed to be done or not done to avoid an issue. 

Frequently Asked Questions 

What is the process of name change?

To get a name change, advertise a notice in the newspaper, file an affidavit and approach the Gazette of India with the necessary documents.

What do I require to start the process of the name change?

You require an affidavit, newspaper cutting, proforma, CD, photos, ID proof, and a request letter along with charges.

What is the duration of the name change activity?

Generally speaking, it normally takes 2 to 3 months for a particular Gazette, principally because its frequency differs.

Is there a legal effect of the publication of a new name?

Yes. It becomes legal and effective on the ground if the name has been published in the Gazette of India.

Can the guardian himself make an application for the name change for the minor?

Yes indeed, it has to be applied by the parent or any legal guardian, in the same way as for any individual above 18 years.