Hi , I am an individual with a indian passport traveled to USA ( Texas) a month ago on L1 B, Now i would like to add surname to my passport. When i referred to the BLS Website ( Indian embassy in US Houston) they said a court order is required for name change, they havent shared any format or details around it. Can you please help me understand how this whole process will work ? how do i get a court notice in India . So can you help me with 2 points - 1) what is the process for obtaining a court order for name change for indian passport for proof submission in US but at in India
1) you have to prepare an affidavit of name change . it has to be attested before notary public . it should mention old name , new name , reasons for change in name
2)name change advertisment is to be published in 2 local newspapers
3) name change has to be published in official gazette
GUIDELINES FOR CHANGE OF NAME FOR MAJORS
NOTICE FOR advertisement by individual in the Gazette of India Part-IV regarding
Change of Name, addition or deletion of surname etc.
The person attaining the age of 18 yrs. and above who wishes to get his/her
change of name published in the Gazette of India Part-IV has to comply with the
following formalities prior to publish of such advertisement.
1. Please advertise change of name in one of the daily local leading newspaper
stating therein father’s/Husband’s name along with residential address and
forward it in original to this Department.
2. Please submit an original affidavit duly attested by first class
Magistrate/Notary/Oath Commissioner showing therein full details of
father’s/husband’s name along with residential address before taking oath in the
affidavit . In case of individuals working with Central Govt. they may submit
deed for change of name in accordance with the Ministry of Home Affairs O.M.
No. - 190016/1/87-Estt. dated 12.03.1987. Specimen is attached. In case of
Indians, living abroad, he/she will submit deed duly attested by the
respective Indian Embassy/Indian High Commission, in original to this
Department.
3. Please submit printing matter as prescribed in the attached specimen duly
completed in all respects by typing the same on a separate plain paper and
signed by the individual in his/her old name, with two witnesses in duplicate.
The Proforma must be typed.
4. Please attach two passport size photographs and come personally or else the case
can be sent by registered post with photographs duly attested.
5. The printing charges for publication of change of name Rs. 700/- only. However
in case of public notice Rs. 900/- would be charged. The amount will have to be
submitted or remitted in advance in cash or by Demand Draft/India Postal Order
drawn in favour of Controller of Publication, Department of Publication,
Civil Lines, Delhi-54. The extra copies of the Gazette can be supplied to the
extent of 2 on additional payment of Rs. - 35/- per copy. The charges in cash can
also be deposited alongwith, aforesaid documents in our Department. The cost of
advertising of change of name in the Gazette of India for Indian living abroad is
Rs. - 2300/- which includes air mail charges also.
6. All the aforesaid document, printing charges together with forwarding letter
addressed to The controller of Publication, Department of Publication, Civil
Lines, Delhi-54. should be sent to this Department. The documents must not be
old beyond the period of one year.
7. The documents once submitted in this Department will not be returned in any
circumstances, neither original nor Xerox copy.
8. Visiting hrs. to the public in this regard is 10.00 am to 1.00 pm and 2.00 pm to
3.00pm on any working day.
9. (A) If the individual adopts the name of other religion and not change his/her
religion, he/she must produce an affidavit duly signed by the SDM that
he/she not changed his/her religion. The cost of such type of advertisement
will be Rs. 900/-
(B) Such type of matter for change of Religion must also be shown in the
newspaper as well as in the prescribed Performa.
SPECIMEN FOR CHANGE OF NAME FOR MAJOR
ALL BLANK SPACE DULY TYPED ON SEPARATE
PLAIN PAPER IN DUPLICATE (TWO COPIES)
No. ADVT./IV/
I hitherto known as………………………………. Son /Daughter/Wife
of………………………………………………………………. employed
as …………………………………………………………………residing
at………………………………………………………………………...have
changed my name and shall hereafter be known as …………………
It is certified that I have complied with other legal requirements in
this connection.
Signature (in existing old name)
Witness No. 1
Signature Full Name
Address
Witness No. 2
Signature Full Name
Address
Hi ajay, This is how you do it in India. My husband is in US with Indian passport. The Indian embassy in Houston needs a court order to be issued in India for the same. We have already done the affidavit, newspaper publication and gazette work . I have already approached the Mint and same has been published in govt of India gazette. But that is not an admissible proof of evidence in indian embassy in US So my question is how to I obtain the court order for name change to be submitted in US for an Indian passport holder ??
1)You will have to file a declaratory suit in chennai wherein you are residing to declare your name
2) A decree of declaration can be
passed under Section 34 of Specific Relief Act. However, grant of decree of declaration
is the discretion of the Court and can be declined in certain circumstances.
The only to obtain a court order is by filing a lawsuit in the court seeking a direction to the Ministry of Home Affairs and Regional Passport Office The entire process should culminate soon.
1.You shall have to file a declaratory suit in India praying for declaration that your name will be with your surname hence forth with a direction upon the passport authority and also consulate of India to incorporate the said change in the passport and all other documents,
2. Present the same before the Consulate to get your job done.
3. For filing the declaratory suit in India, you shall have to execute a POA to be notarised by Consulate of India in favour of anybody in India who can represent you while ealing with the suit in India for and on your behalf.
1. Those evidences will not be accepted by the Consulate of India,
2. File a declaratory suit and get the court order which will be binding on the Indian consulate and passport authority.
On the basis of the gazette notification effecting the change of name, you can apply for incorporating the change in the passport by making amendments or corrections in the passport. This application should be made in writing and get an acknowledgement. After the passport refuses to make the changes in writing for the reasons given therein, you may file a declaration suit in the local jurisdictional civil court seeking to declare your name to the changed name and pray to the court to direct the passport authorities to incorporate the changed name in the passport by making necessary changes in the passport accordingly.
This court order will e the relief you are looking for.
File a civil suit for declaration regarding the name change before civil court of area where you were residing.
There is no time limit but approximately within six month you may get the court order.
Feel Free to call
