• Name Change in US at Indian Embassy - Court Order required

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
Asked 1 year ago in Civil Law from Chennai, Tamil Nadu
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 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
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. 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
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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
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0

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