• Process for Name Change with foreign conviction.

I had a criminal conviction in a foreign country. There was no jail-time but I was put on probation.
After completing all legal obligations, I have returned to India and wish to change my name.
I want to seek your advice regarding the same.
Could you please tell me if there are any special rules in my case to be legally compliant? Do you foresee any precautions I should take?
Thanks
Asked 5 years ago in Civil Law

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15 Answers

Make a Name  Change Affidavit providing few details and make it Attest from Notary Public.

Publish Advertisement in 2 reputed Newspaper of your State in a prescribed format.

Publish Notification in Gazette of India (Central Gazette) by writing the Application along with DD of requiste fee with the list of Documents required.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

See changing name procedure would be normal for you also that is making an affidavit for name change notarized followed by newspaper publication.

 

And further you can make gazettee notification of name change by paying appropriate fee before Controller of printing gazette of india or the state.

The conviction wont have impact on name change.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Nothing as such, apply to collector office for name change,in the form there will option if prosecuted or not. Give right detail in it, than no complications.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1) you can change your name by execution of affidavit of change of name , by publication in official gazette and 2 local newspapers 

 

2) you should not face any complications 

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

you should not suppress material facts . disclose about your prior conviction 

 

2) you would not be eligible for govt job if you have been convicted of any offence 

 

3) SC has held A person facing criminal cases cannot be considered suitable for appointment in government service unless acquitted of the charges 

 

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

Conviction in foreign country have same effect if committed in India but as you were release on probation. Offense may be pity in nature, so no complication in doing govt. job. But concealing has repercussion if later discovered. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

The question is asked irrespective of jurisdiction in some of forms for assessment of the character

 You should disclose the information as you hide it and somehow the appointing authority comes to know about it descplinary action can be taken.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You may get the name change affidavit. 

Later you may get a publication in the newspaper and as well as in the gazette.

And on the basis of the same you may get the same changes in various documents. 

Note that the name in any condition will not be changed in your educational certificates. 

Regards  

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

That is right that the government does not have record of foreign convictions. 

Also, you will have to disclose that you have a criminal history otherwise if some complaint later is lodges by some person saying that you were punished in some foreign country then the enquiry will be established against you. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

No the jurisdiction of that country is different and you have been discharged through probation therefore I don't find any reason you getting in legal trouble in india

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you want to change your name as well as want to set up a new identity for yourself.
  2. You may have to make an affidavit stating the reason for your name change (say for any spiritual or numerology reason).
  3. Then public an article about your name change along with the affidavit in one local as well as one national newspaper.
  4. Then wait for 30 days, thereafter you can apply for change in your name to various departments/authority as per your requirement.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

If there is a prior conviction then it will be very difficult to change the name in India because this will be hiding the previous history of the person

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

You have correctly heard that Government jobs are not available for people with criminal records either in India or Abroad. However two years after elapse of such conviction such stigma will be considered as vanished and some Government Departments allow them to work in Government Sector. Your proposal to change your name may put you into trouble because you would like to hide your background.

 

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Change of name is your decision.

You dont have to link this process to your conviction in a foreign country.

You can follow the process for change of name in India as per the law and procedures meant for it.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

Since this conviction in a foreign soil has not affected you in any manner in India, what is the necessity for you to disclose or voluntarily eveal them, you may better remain silent because there can be no background verification about this in India.

 

In general the rule is common for all whether in India or elsewhere.

however since you have not underwent any sentence and moreover this record of conviction has not reflected in any document that are essential and have to be produced before the new employer here in India, you need not voluntarily disclose the facts. 

It may not even be consiered as suppression of facts until it is known to them through unscrupulous people who work behind you in India.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

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