• Request for name change

I am a permanent resident of Mumbai currently based in Delhi NCR. Want to get my wife's name changed from maiden (Lily Taunk) to married name (Lily Gupta). we have been married 20 years but her passport and a sale deed carry maiden name. aadhar, PAN and bank accounts have married name
Asked 6 years ago in Civil Law

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16 Answers

A format for the affidavit is given below:

Before the Judicial Magistrate, Court Name

Affidavit

I Mr. ……………………….. S/o ………………………………… aged about ____________ yrs, residing at………………………………. ,do hereby solemnly affirm and state:

That my recorded name in school and college is ______________(YOURNAME), but I myself popularly known as _________________(New name).That after the completion of my studies I want to start a business in IT Sector. From the numerology point of view; I came to a conclusion that the business in my nickname as in the name of NICKNAME will helpful for my endeavours.That by virtue of this affidavit, I changed my name from YOURNAME (old name) to CHOSENNAME (new name) and henceforth I shall be known as the CHOSENNAME (new name) for all purposes.That the facts stated above are true to the best of my knowledge and belief.

Identified by-

Advocate Deponent

CERTIFICATE

Certified that the above named deponent being identified by ______________( ADVOCATE NAME), do hereby solemnly affirm his knowledge and belief.

Place:

Date:

Notary Public, City Name

 

Step- II:

Publication in the Newspaper

The next step is to publish an advertisement in two newspapers- one in the official vernacular language and the other in English.

This is done to publically declare the change in the name so that if a conflict arises later, you have an official declaration of your name change.

Preserve the copies of the newspapers very carefully as well its scanned copies.

A sample copy of the format is as follows:

I, Mr./Mrs.____________ (old name) have changed my name from __________________ (old name) to ______________ (new name) by an affidavit sworn before the Notary Public, ______________ (place) on _________ (date). Henceforth, I shall be known as _________________ (New Name) for all the purposes.

 ______ (Name) and ________ (Complete Postal Address).

Full Signature

Step- III:-

Notifying in the Gazette

The next step is to get your name published in the State/ national gazette.

Go to the department that looks after the Gazette publication, the Government Press, in most of the cases.Fill the “Deed changing surname Form” and fill it very carefully following all the instructions mentioned onThe name changing notification will then be published in the Gazette and you’ll receive its copies in the mentioned address in the Deed Form.

 

With this, the name change procedure gets officially completed.

 The documents required for Name change in gazette for Major / Minor:

For Major / Adults (Mandatory Documents)

ID Proof : Pan card or Passport or Driving Licence or Aadhar Card or Voters IdAddress proof : Ration Card or Aadhar Card or Electricity Bill
Photo : One Passport Size PhotoApplication Form : Duly Signed Application Form with all details & reason for Name change

Optional:
Marriage certificate ( if Any for Female after Marriage)
Affidavit ( If Any Made for any reasons like Adoptions etc.)
Divorce papers (In case of Divorce) etc.

For Minor below 18 years (Mandatory Documents)
ID Proof: Aadhar card or School ID or Aadhar Card
Address Proof: Ration card or Aadhar Card
Age Proof: Birth Certificate or School LC or Bonafide
Photo: One Passport Size Photo
Application Form : Duly Signed By Minor if possible and parents or Guardians

Step- IV:-

Getting official documents changed

After you have successfully changed your name, you will have to update you official official documents (e.g.-Passport, PAN Card, Driving License, and Ration Card)

The good news is that your copies of the affidavit, Newspaper publication and the Gazette notification are enough to get these documents changed.

For changes in Passport, you need to fill the following form:For changes in the PAN card, you need to fill the following form:For changes in the Bank Accounts:

Copy of the affidavit and the gazette notification is needed.

 

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

Babe can be changed by execution of affidavit of name change 

 

publication in official gazette and 2 local newspapers 

Ajay Sethi
Advocate, Mumbai
100073 Answers
8172 Consultations

Marriage certificate should be enclosed to sale deed to reflect change of name after marriage 

 

bot necessary to change name in official gazette and local newspapers 

Ajay Sethi
Advocate, Mumbai
100073 Answers
8172 Consultations

1. See your wife can make an affidavit of name change and can give give advertisement of same in two newspapers further same can be submitted to director of Gazette of India for publication in gazette. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can sell the same by producing marriage certificate. Also the gazette notification will be required for name change with news paper publication

Prashant Nayak
Advocate, Mumbai
34738 Answers
251 Consultations

Yes, you can change name by producing marriage certificate and change property title.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. One can change name at n point of time and the same can be done by start using the new name.

2. However to remove the uncertainty over using the new name she should make an affidavit done before the First Class Magistrate and make a newspaper publication. 

3. On the basis of the affidavit and the newspaper publication no problem should arise in selling the property.

Devajyoti Barman
Advocate, Kolkata
23663 Answers
538 Consultations

Actually there is no hard and fast rules that a lady has to change her name from maiden name to the name of her in laws family name or title after  her marriage.

Since you have changed the name without following the prescribed rules in this regard, you may follow the same at least now.

You may prepare an affidavit duly notarised stating the she was known by her maiden name as so and so and henceforth she will be known as so and so after her marriage.

You may get this affidavit published in a local newspaper as a public notice, after which you can keep the newspaper cutting as well as the affidavit along with other documents to prove that she has changed her name.

 

 

T Kalaiselvan
Advocate, Vellore
90273 Answers
2510 Consultations

For selling the proeprty which is on her maiden name, you can very well proceed but since her name is different in the PAN card, this may create a problem while registering the sale deed.

Hence better prepare an affidavit as suggested and then proceed with the proposed sale proceeds.

 

T Kalaiselvan
Advocate, Vellore
90273 Answers
2510 Consultations

The right procedure is getting a notice published in a local News Paper, regarding your intention to change your name/or add surname to it, and subsequently get it published in Gazette of India.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

1. get drafted an affidavit for a name change and get it attested from an executive magistrate,

2. got published in two newspapers (one in local language and the other in English)

3. submit an affidavit and the publication of newspaper to the director, Gazette of India

4. keep the copy of all documents for future use

5. you may face trouble while proceeding for sale process without changing the name as there is a difference between names in PAN, AADHAR and property registration documents,

but after following the above process of name change you can produce a copy of Gazette of India/affidavit, which will remove all hurdles of sale proceeds

GOOD LUCK

 

 

 

 

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

You may not be able to sell the property before you change the name is the name in PAN card and Aadhar card is different to the sale deed and it is compulsory to have the same name in the sale deed and the KYC documents submitted so it will be better to go for name change so that all the documents should be synonymous.

You will not be able to sell the property simply by producing the marriage certificate

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

This is my response to you:

1. You can first sell off the property;

2. Then you can go for name change;

3. All the names can be changed in all documents, with the help of marriage certificate;

4. Consult a local lawyer, discuss full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Change in sale deed is not possible as well as  in Passport , you can do only to keep a duly notarized affidavit by a govt.notary to the effect whenever required.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear client 

the procedure for name change involves only three steps:

  1. Make an affidavit for change of name
  2. Place newspaper advertisement with details of change of name
  3. Submit papers to The Department of Publication

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that name has not been changed in the sale deed, but is shows correctly as changed in other important documents like Aadhar, pan card etc. 
  2. If the sale deed executed prior to the date of issuing of Aadhar and lab card then there would be no difficulty in selling the property now I’m joint name after executing an affidavit giving/ stating the person is same as in other documents.
  3. But, if sale deed executed later then you will have to first execute/ registered a rectification deed hen may proceed for sale.
  4. But, yes surely, her passport should carry he same name as of on other documents.
  5. Rest, you are free to call me at  any time for further detail discussion in this issue.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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