• Name change for an India born US citizen

I am an Indian Passport holder in the process of getting citizenship of US with name change through an US court order. 
 I have a property in India and also draw pension in India.
Should I change my name in India also? Please clarify.
Asked 8 years ago in Family Law
Religion: Hindu

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10 Answers

you must change your name in India by notification in official gazette and publication in 2 local newspapers

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Gazette notification is not compulsory for name change.

2. Affidavit beofre the Magistrate and then a newspaper publication is enough to complete the formality.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

As on date you are an Indian citizen . Hence you can change your name by notification in official gazette

2) sell your property standing in your name if you don't want to change your name in India

3) you cannot use both names

4) in the alternative don't change your name when you take US citizenship

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) you should go through the process of submitting affidavit , newspapers advertisements , gazette notification

2) you cannot skip gazette notification

3) apply for PAN in your new name

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

After reading the thread of questions it is advised that you should complete the process of name change right from making an affidavit before the notary, to newspaper publication to gazette notification. You should not skip the part of Gazette notification; and after the process you can apply for a PAN with new name. You can find the details for the name change at the following web page:

https://tin.tin.nsdl.com/pan/correctiondsc.html

Regards

Let me know if I can be of further help

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

I have a property in India and also draw pension in India.

Should I change my name in India also? Please clarify.

It would not be necessary to change your name again in India.

The change of name executed in US is very much valid in India too.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

But I heard official gazette notification is possible only for "INDIAN CITIZENS". A person who has taken US citizenship renouncing Indian citizenship cannot do name change in India even though he is an OCI holder. Please clarify.

You have rightly heard about this position.

What happens to the property papers standing in the old name? How one can sell it if changed name in US?

What happens to the pension payment which is credited to the Bank account in the old name?

Can we use old name ALIAS new name?

An affidavit can be prepared stating that both the names belong to the same person.

A copy of this duly attested may be carried along with all there documents

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

After obtaining OCI certificate in the new name, will it serve as a name changed document in India?

A certificate for the change of name can be attached along with all the documents to clear the confusion.

should we go through the process of submitting affidavit, newspaper advertisements, gazette notification etc?

Can I skip gazette notification?

You can ignore this and proceed with your proposal of the proposed task.

Should I apply for new PAN ? I am already having a PAN.

Should I apply for changing my name in my property documents like Khata etc?

You dont have to apply for change of name, just attach the copy of the change of name certificate with the title papers.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

it is your case that name change has been done as per US court order

2) obtain certified copy of US court order get it attested by Indian consulate

3) not aware of any law which says OCI need not change his name in India

4) your property is situated in India

5)if you have changed your name it is in your interest to follow procedure for name change in India other wise you will have problems in selling your property

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

There is no certificate called name change certificate.

The procedures adopted for change of name in any place or country which is a legally recognised, then that is the evidence for the change of name.

In India, the proof for change of name is the affidavit, newspaper publication and gazette publication (mandatory for government employees).

These documents would be sufficient to apply for change of name of any records with the changed name.

In my opinion, the change of name effected by the procedure and law followed in that country and a proof of that should suffice the requirement for re-introducing yourself with your new name in India.

To add, you may obtain an attestation to the documents effecting your change of name from the Indian Embassy or a notary public of that country which will be more effective in the event of facing any issue back here in India.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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