• Law or act that specifies procedure for name change in India

What is the exact law or act that specifies procedure for name change in India (particularly Maharashtra)? It will be nice to know the exact section and subsection that specifies three step process: 1) Affidavits 2) Newspaper ads 3) Gazette
Asked 8 years ago in Family Law
Religion: Hindu

3 answers received in 1 hour.

Lawyers are available now to answer your questions.

10 Answers

GOVERNMENT OF INDIA

DEPARTMENT OF PULICATION

CIVIL LINES, DELHI -110054.

Website: ww.deptpubnie.in

Email: [deleted] (&) pub,dep@nic.n

TEL.: 2381 7823 / 9689 / 3761 / 3762 / 3764 / 3765.

Advt. : - 67810 / 11 DP – 190 Dated 08.12.2011

To

Mr. Gopal Ch. Bhoi, Postal Assistant

Sahidnagar MDG, Bhubaneswar – 751 007

Sub: - Publication of advertisement by individual in the Gazette of India Part-IV, regarding change of name, addition or deletion of surname etc.

Sir,

With reference to your letter no. - dated 2nd December, 2011 on the above subject. I am to inform you that the person who wants to get his change of name published in the Gazette of India Part- IV has to comply with the following formalities prior to publication of such advertisement.

1. The individual concerned has to notify his change of name in one of the leading local newspaper either in English or Hindi (not more than one year old from the present date of application), showing the following data: - old name, s / o , d / o, w / o, residential address, and new name and forwarded it in original to this Department along with other documents.

2. The individual concerned has to make an affidavit on non-judicial stamp paper of Rs.-10/- duly attested by Notary Public/Oath Commissioner or 1st Class Magistrate (not more than six month old from the date of present application) and forward in original to this department.

Central Govt. employee may however, submit deed for change of name in accordance with the Ministry of Home Affairs OM No. 190016/1/87-Estt, dated 12.03.1987 ( Deed should be typed on plain paper signed by two witness of the rank of Gazetted officer of the same Department with Rubber stamp ) In case of Indian living abroad he/she shall submit deed duly attested by the respective Indian Embassy / Indian High Commission, as the case may be in original to this Department.

3. The individual concerned is also required to submit two specimen proforma (duly typed on plain papers) duly signed by the individual concerned as well as two witness at the prescribed place in duplicate. The proforma shall not be filled in by handwriting.

4. The cost of printing of the advertisement including supply of one copy of the respective Gazette by Regd. Post is Rs. 700/-. The amount shall be remitted in advance either in Cash or by Bank Draft / India Postal Order drawn in favour of the Controller of Publications, Civil Lines, and Delhi- 110054. The extra copies of the Gazette limited to maximum numbers up to two copies can be supplied on extra payment of Rs. 35/- per copy. The printing charges can also be deposited with aforesaid documents at this Department, cash counter. The cost of printing of India abroad is Rs. 2300/- which includes Air Mail Charges.

5. Two attested passport size photographs by Gazetted Officer ( if sent by post ). If he / she comes in this department personally, he / she should put his signature on the photo in the presence of concerned officer of this Department.

6. Request letter should be drafted on plain paper, addressed to -The Controller, Department f Publication, Civil Lines, Delhi- 110054 and signed by the applicant in his old name with contact number and date.

7. Similar information should be in news paper, affidavit and specimen proforma (in duplicate). All the required documents should be submitted in original.

The documents forwarded to this Department will not be returned in any case.

Yours faithfully,

Sd/-

for CONTROLLER OF PUBLICATION

SPECIMEN FORMAT

ALL BLANK SPACE DULY TYPED ON SEPARATE PLAIN PAPER IN DUPLICATE (TWO COPIES)

No. ADVT / IV I

I hitherto known as …………………………( Old Name )………………………………….Son / Daughter / Wife

of …………………………………………..( Father’s / Husband’s Name )…………………………………………..employed

as (……………………………………( Office / Company / Organization Name ) ……………………….. ……….residing at ………………………( Residential Address ) ………………………………………….. have changed my name and shall here after be known as ………………………….( New Name ……………………..

It is certified that I have compiled with other legal requirements in this connection.

OLD SIGN

Signature (in existing old name)

Witness No I

Signature………………………………………………………… Full Name…………………………………………………….

Address ……………………………………………………………………………………………………………………

Witness No. 2

Signature . ……………………………………………………… Full Name ………………………………………………….

Ajay Sethi
Advocate, Mumbai
98261 Answers
7986 Consultations

Copy of O.M. No. 190016 / 1 / 87 - Estt. dated 12th March, 1987 from Department of Personnel and Training.

The Ministry of Home Affairs O.M.No. 67/274/48/Estts. dated 3rd November, 1948 as amended vide O.M. No. 87/52Estt. dated 24th March, 1952 lays down the procedure for change of name by Government employees. The Govt. recently had the occasion to review these instructions in the light of experience in certain cases. It was found that the instructions are in complete in so far as they do not cover certain situations. It has, therefore, been decided to adopt the following procedure in suppression of all previous orders on the subject.

I. All cases of addition/deletion or change in name/surname:-

i. A Govt. employee wishing to adopt a new name or to effect any notifications in his/her existing name may do so, formally by a deed changing his/her name. The sample deed form is enclosed.

ii. The execution of the deed should be followed by publication of the change in a prominent local newspaper as well as in the Gazette of India at the Govt employee’s own expense.

II. Addition/Change in surname only, on account of marriage, remarriage of a female Govt. employees.

i. If the Govt. employee desires a change, she should give a formal intimation to her appointing authority of her marriage and request for a change in her surname.

ii. Particulars of the husband may be given for making necessary entries in the Service Book.

III. Deletion of surname or reversion to maiden name on divorce/separation or death of the husband of female Govt. employee, change may be permitted if a female Govt. employee gives:-

i. An intimations to the appointing authority regarding change in marital status; and

ii. A formal request for reversion to her maiden name.

Ajay Sethi
Advocate, Mumbai
98261 Answers
7986 Consultations

1) you should rely upon OM which prescribes procedure for govt employees

2) mention sma eprocedure is followed for individuals

3) rely upon govt of india department of publication letter wherein procedure for name change is specified

Ajay Sethi
Advocate, Mumbai
98261 Answers
7986 Consultations

You can contact any lawyer in this regard

Fees for attestation are not quoted online

Ajay Sethi
Advocate, Mumbai
98261 Answers
7986 Consultations

1.For changing the name, one shall have to execute an affidavit before the 1st class Judicial Magistrate affirming that he/she has changed his/her name from such and such to such and such and form now onwards, he/she will be known in both the names or he will be known in his changed name.

2. After that he/she shall have to notify his/her such change in name by publishintg the change of name in local Gazette and also two local News papers, one being in vernacular.

Krishna Kishore Ganguly
Advocate, Kolkata
27570 Answers
726 Consultations

1. You shall have to submit the evidence that your father had followed the legal procedure to change your name.

2. Submit an affidavit affirming that the legal procedure prevailing in India has been followed for changing your name.

Krishna Kishore Ganguly
Advocate, Kolkata
27570 Answers
726 Consultations

1. You can contact any lawyer of the place where the said change in name was made for availing the said certificate from him.

2. You can also take the RTI route to get the reply from the registrar of the Court to confirm that your father had changed your name vide his application/affidavit on such and such date which you can produce before the USA authority as an evidence of your changing the name legally.

Krishna Kishore Ganguly
Advocate, Kolkata
27570 Answers
726 Consultations

What is the exact law or act that specifies procedure for name change in India (particularly Maharashtra)? It will be nice to know the exact section and subsection that specifies three step process: 1) Affidavits 2) Newspaper ads 3) Gazette

You cannot find any specific law or rule to this, but these are the legal procedures to be followed for change of name.

T Kalaiselvan
Advocate, Vellore
88463 Answers
2395 Consultations

I am immigrating to USA. In 2000 (when I was minor) my father changed our last name through affidavits and gazettes. I need to prove to the US government that we followed the right procedure to change our name (as the adjudicating officer may not be familiar with local laws). What can I do?

The government gazette publication indicating the change of name from the previous one to the current name shall be attached to your certificates, which will be sufficient

T Kalaiselvan
Advocate, Vellore
88463 Answers
2395 Consultations

Thanks. In 2000, we followed the procedure for name change. Will it be possible for any of the lawyers on the forum to attest that we followed right procedure as per law? I can provide the affidavits and the Maharashtra government gazette circular. If yes, please let me know your fee.

Once it is published in the government gazette, then it is not required to be attested by any advocate

T Kalaiselvan
Advocate, Vellore
88463 Answers
2395 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer