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Comprehensive Guide on Name Change Legal Procedure in India

Changing one’s name is a significant personal decision, and the legal procedure involved ensures that the new name is recognized by law. Whether you are looking to change your name after marriage, divorce, or for any other personal reason, it's essential to follow the correct steps to ensure the updated name reflects across all your official documents. In this guide, we will walk you through the Name Change Legal Procedure, including how to correct your name on critical documents like the Aadhaar Card, PAN Card, Marksheet, and Birth Certificate.

Step-by-Step Process for Legal Name Change
  1. Affidavit Creation
    The first step in the Name Change Legal Procedure is to create an affidavit. This legal document should mention the reason for the name change, your current name, and the desired new name. You can approach a notary for this process, who will stamp and sign the affidavit to make it legally valid.

  2. Newspaper Publication
    In addition to publishing your new name in the Gazette, it is essential to publish an announcement in a local newspaper. This further establishes the legal intent to change your name.

  3. Payment of Gazette Fees
    You have to make the necessary payments for the Gazette, for Gazette of India, you have to pay through Bharat Kosh. The fees will depend on the service you are availing.

  4. Name Change in Gazette of India
    Once the affidavit and newspaper is prepared, the next crucial step is to publish the name change in the Gazette of India. This ensures public record of the name change and is mandatory for it to be legally recognized.

  5. Apply for Changes in Documents
    Once your new name is legally recognized, you will need to update all your official documents, as listed below:

How to Correct Your Name in Various Documents
  1. Name Change in Aadhaar Card
    To update your name in the Aadhaar Card, visit nearest Aadhaar center. You will need the affidavit, the Gazette notification, and other supporting documents such as identity proof.

  2. Name Change in PAN Card
    Updating your name in your PAN card requires you to fill out a change request form online via the NSDL or UTIITSL portal. You’ll need to submit proof of the name change, including your Gazette publication and identity documents.

  3. Name Change in Marksheet and Educational Documents
    For updating your name in educational documents like the marksheet, you need to approach the respective school board or university. Submit the affidavit and Gazette notification, along with an application for the name change. The process varies across the Boards and Universities. You must contact respective Board or University for understanding their process and requirements.

  4. Name Change in Birth Certificate
    If you want to update your name in your Birth Certificate, visit the municipal office where your birth was registered. The procedure usually involves submitting the affidavit and other relevant documents to support your name change request. In some places they do not allow change in Birth Certificates, in these cases you have to give copy of the Gazette along with old name birth certificates.

Father's and Mother's Name Change in Documents

In certain cases, name or parents are wrongly written in one documents or more, in that case you have to get the correction notice published in Gazette of India. Once their names are updated in the Gazette of India and an affidavit is created, the corrected name can be applied across relevant documents, such as the child’s birth certificate, school records, and passport.

Name Change for Minors

For minors, the legal guardians or parents must apply for the name change on their behalf. The process involves filing an affidavit, followed by the publication of the new name in the Gazette of India. Additionally, if a minor's name needs correction in the Aadhaar Card, Marksheet, or other essential documents, the parents must provide the appropriate legal documents and the affidavit.

Name Change After Marriage

After marriage, many individuals choose to change their last names. The legal procedure involves submitting a marriage certificate, along with the affidavit, to update the name in the Gazette of India and subsequent documents such as the Aadhaar Card, PAN Card, passport, and bank records.

Name Change After Divorce

Similarly, after divorce, if a person wishes to revert to their maiden name or adopt a new name, they can follow the Name Change Legal Procedure. An affidavit must be submitted along with the divorce decree to request the name change in the Gazette of India.

Final Thoughts

The process of updating your name across documents may seem overwhelming, but by following the proper steps and ensuring your name is updated in the Gazette of India, the transition can be smooth and legally recognized. Whether it's correcting your name, changing your name after marriage or divorce, or updating parental names on a child’s documents, following the legal guidelines ensures a seamless experience.

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