The Constitution of India guarantees and safeguards the fundamental rights of the citizens residing in India i.e. every individual who is a citizen of India has been empowered by the constitution to live in the country as per his/her own will. In India, if an individual is not satisfied with his/her name or due to any reason wants to change his/her name can get the name changed by following a legal procedure. Through this article, we shall understand on how a person can change his/her name with the help of a legal procedure.
Eligibility Criteria for Name Change
In India, individuals desiring to change their name are essentially required to fulfil the conditions mentioned below in order to meet the eligibility criteria:
- The individual must be a citizen of India and should be more than 18 years of age.
- The individual must possess a valid Indian Identity proof.
- The individual must have a valid reason for the name change.
- The individual must not have any pending litigation in his/her name.
- In case of minor’s name change, valid parent(s) ID proof or lawful guardian ID proof is required.
Who May Apply for Name Change
Following individuals are permitted by law to apply for name change in India:
- Wife
- Husband
- Relatives
- Parents
- Children
Pertinently, every individual of sound mind under law are provided with the right to change their name, in case if there are not satisfied with their name.
Essential Documents Required for Name Change in India
The documents that an Individual requires for changing his/her name are as follows:
- A name change Affidavit on stamp paper
- Two passport size photographs
- A copy of the valid identity proof (Aadhaar, PAN or passport)
- Newspaper publication
- Gazette notification
- Publication receipt
Process of Name Change in India
1. The first and foremost step is preparation of affidavit i.e. the applicant with help of an advocate is required to prepare an affidavit on a stamp paper for name change. In the affidavit, the applicant is required to clearly state the valid reason for change his/her name along with his/her previous and new name. Once the affidavit is prepared, the applicant is required to get the affidavit notarized and attested by two witnesses, adding an official stamp to the document.
2. Thereafter, once the affidavit is prepared, the applicant is required to give an AD in the newspaper in the form of an advertisement covering the essential details such as the reason for name change, the previous name along with the new name. The applicant needs to ensure that the advertisement is published in any two different newspapers of his/her district.
3. The final step is to apply for a Gazette notification i.e. the applicant after completing the above step is required to apply for a Gazette notification. It is pertinent to note that every state has different rules pertaining to the application to be made for obtaining Gazette notification i.e. some states permit the applicant(s) to file an online application instead of physical filing. The applicant after completing the above step is required to visit the Controller of Publications for submission of his name change application for Gazette notification. The applicant is further required to submit the following documents with his/her application:
- A Copy of the Affidavit duly stamped.
- Newspaper publication (Original)
- Proof of Identity of the applicant
- Passport size photo
- Fee receipt of the application
4. Once the officer in charge is satisfied with the application, the officer shall officially record the new name in the official records so that the applicant with the help of the Gazette notification can get his/her name updated in the official documents issued by the government. Usually, it takes 2-4 weeks for the notification to be published in the Gazette.
Reasons for Name Change in India
Due to Religious / Cultural Practice: In case if any individual wants to change his/her name due to any cultural/ religious reason in terms of conversion, have the right to get the name change legally.
Due to Dissolution of Marriage/ Divorce: In case of a divorce, where the spouse wants to retain her surname which she held before marriage is entitled to get her name change through a legal process.
Due to Astrological or Numerological reason: In case if a person wants to change his name due to any astrological /numerological reason, he/she can get their name change through following a legal process.
Due to change in the Martial Status: Usually if the spouse wants to change her surname after the marriage, then in such a case, an application for name change will be considered by the authorities.
Conclusion
Every person who fulfils the eligibility criteria can get his/her name changed through a legal process. Therefore, it is always advisable to engage a legal expert who has a requisite knowledge in this field and with his/her expertise, the person can get his/her name change with ease.
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