• Name changed by only Affidavit

My daughter's name has been changed at her VIII class by an affidavit before Notary Public, but this change of name was not published in any newspaper or in the official gazette. Using this affidavit her name in the school record has been changed and consequently she got certificates, marks sheets, admit cards etc. of the board's final examinations of Class X and XII with changed name. Using board's documents she got Voter I Card (EPIC), PAN etc. with changed name (only birth certificate has old name). Now my questions are : 
1) Is this process, which has already done, to change her name now legally valid ? If not, what to do at present to make it a legally valid change.

2) May she get passport with changed name by substantiating her name change with the present documents ?
Asked 6 years ago in Civil Law

6 answers received in 30 minutes.

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17 Answers

Tell me her date of birth?

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

What is the DOB of your daughter?

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Yes it is legally valid but first thing you should also published in news paper. And she gets passport with present name who is in all documents.

Sukhendra Kumar Pandey
Advocate, Satna
31 Answers

4.5 on 5.0

If she's born after 26.01.1989, it is not mandatory for her to furnish her birth certificate for obtaining passport. Thus, as long as this was about obtaining the passport, she will not face any difficulty.

If the name has still to be changed on BC, you'll have to go through the regular procedure of carrying out a newspaper publication and a gazette notification thereafter.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

1) mere affidavit is not sufficient for change in name

2) it is necessary that name change should be published in official gazette and local newspapers

3) she would not get passport with changed name as there is difference in the name in BC and other documents

4) you should publish the change of name in official gazette and newspapers

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Sir/Mam, if your daughter's name is changed in all credentials documents including her birth certificate, then you need not worry. For the birth certificate you can always make an affidavit declaring that her name was wrongly inserted in her birth certificate and that both the names are same person.

She will not be troubled while applying for passport.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

5.0 on 5.0

Thats were you have been misguided whomsoever earlier you went, first you have to make an affidavit before first class judicial magistrate then obtain an order of the same, newspaper publication and you have to preserve the newspaper thereafter , then notifying gazzette by Filling the Deed changing surname Form and then go to respective departments for final name changed. I know someone very competent who can handle it.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

See, in every important document changed name is written. So there is no need. She will definitely get the passport on the basis of her other present documents.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Then in that case just the name in birth certificate needs to be changed. It is not a surprise since her name was chamged in 8th class and since then she has been following that name.

If the passport authority does not require the birth certificate then just the affidavit will do and if they put in some objection then get the name changed in the birh certificate.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Notary wont do, do afresh and get things done

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

You need not tick this column. Don't use birth certificate as a supporting document, rather use her PAN.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

There are two sets of questions.

First Part:- Already, an affidavit before the notary officer has been made and upon or basis of which her Class X, XII , certificates were issued. There is no problem in this.

Second Part :- While willing to obtain 'passport' from the authority, who have their specific set of rules before issuing the passport.

As you have not published in the newspaper earlier will not hit the laws.

If the passport issuing authority wants you to provide a new affidavit from the 1st Class Magistrate then you can go for that as the passport authority have their own set of proforma.

Wherein, a line will be their " previous name (Miss X) and current name (Miss Y) is one and the same person in the eye of law", So, there is no problem in new affidavit.

Thanks

Shiddhartha Banerjee
Advocate, Calcutta
42 Answers

5.0 on 5.0

1) mere affidavit is not sufficient to substantiate change of name

2) follow the procedure for change of name ie publication in official gazette , 2 local newspapers and fresh affidavit

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

1.yes,affidavit is enough to substantiate change of name.

2. Yes, you can not make newspaper publication which is though not mandatory in WB.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Your daughter has changed her name already and has also obtained voter card and P.A.N card.So there is no issue at present. But so far change of name is concerned affidavit before Notary Public is not at all sufficient and therefore she has to swear an affidavit before the magistrate regarding change of her name and also to provide public notice in the leading newspapers.

Sanjoy Bose
Advocate, Kokata
17 Answers

4.9 on 5.0

1) Is this process, which has already done, to change her name now legally valid ? If not, what to do at present to make it a legally valid change.

The change of name for the student through an affidavit and a newspaper publication is enough, the gazette publication is not necessary.

2) May she get passport with changed name by substantiating her name change with the present documents ?

At this stage it is not the changed name, it is the name which is right and proper because she has all the authentic documents in the current name hence dont ever call it as changed name.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

2) There is a column in the passport form to specify ever changed of name and to substantiate it by documents.

Is the only affidavit sufficient to substantiate it

If the name from the birth certificate to that of the current documents is different to each other then you can tick yes to that column and produce the affidavit copy alone for the present.

May now publish this name change in newspapers and official gazette referring the above stated affidavit of 2013 to make name change legally valid ?

In my opinion it may not be required for any such publication at this stage.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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