There is a clear and defined legal procedure to change your name legally. Getting an affidavit notarised is the first step. But is it enough for changing your name legally? Let’s find out in this article.
Though you might request your family, friends, and relatives to call and address you by a different name, it is still an informal name change. You will still need to legally get name change to change your name on your identity cards, school certificates, passport, and bank records.
Reasons Why People Choose to Legally Change Their Name
A person in India would want to change their name for one or more of the following reasons:
- Disliking the current name
- To rectify mispronunciation or misspelling of the current name
- The desire for a fancy name
- If a person is married
- If a person is divorced
- Due to astrological reasons
- Putting behind a difficult past
- Change of faith
- Gender change
Now let us see what an affidavit is and how to use it for online name change.
The Meaning of an Affidavit
An affidavit contains a set of statements that you wish to legalize. It is a form of oath that states that the statements mentioned in the affidavit are true.
Creating and Notarising an Affidavit for Legal Name Change
For a legal name change, affidavit creation is the first and foremost step. You need to type in the details of your name change, which include –
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- Your current name
- Your proposed new name
- Your current address
- Attested photograph
- A declaration that the details provided are true to your knowledge
- You need to then print the affidavit on a non-judicial stamp paper of minimum value as demanded by the state you reside in
- Then you need to get it signed by two witnesses
- Visit a nearby notary and get it notarized
- Also, you need signatures from two officers or gazette rank.
But getting an affidavit notarized is just the first step. It is not enough to legally change your name. The next step is to publish advertisements in the newspaper.
Publishing Advertisements in the Newspapers
A person desiring to legally change their name has to publish advertisements in two local newspapers as per the legal process. One should be in the English language, while the other has to be in a vernacular language.
The advertisements should be a declaration of the name change, with the details including the old name, and the new name. These newspaper advertisements will serve as proof of your legal name change in most cases.
The Final Step – a Gazette Publication
Though your name change process is legally complete with the affidavit creation and the newspaper advertisements, you might still want to go through the last step which is gazette publication because:
- A gazette notification is compulsory for Government employees
- People seeking to appear for Government examinations need to get their change of name published in the official gazette.
- Most banks demand the gazette notification to update bank records.
Now that we know the complete process, let’s get back to the original question
Is an Affidavit Enough for a Legal Name Change?
Getting your change of name published in the official gazette is optional. You should still consider moving forward with it to be on the safer side.
But everyone must notarize an affidavit and publish advertisements in the newspapers for a legal name change. It is better to save many hard copies and scanned copies of the notarized affidavit and both the newspaper advertisements for future legal requirements.
Procedure for Changing the Name Legally
Despite the fact that there are many reasons to change your name, the process entails the following three phases:
- Make an Affidavit of Name Change
- Announce your name change in the newspaper
- Declare it in the State Gazette
It is necessary to provide an affidavit outlining the reasons for the name change. The affidavit must contain these particulars:
- The applicant’s full name
- Name of the father or, if a married woman, her husband
- Complete home address
- An affirmation that the information contained in the affidavit is accurate and true
FAQs
Can an affidavit be used for name change?
Yes, an affidavit can be utilised for a name change in India.Get in touch with our experts for drafting an affidavit easily.
Is an affidavit enough for spelling correction?
Yes, an affidavit is generally sufficient for correcting spelling errors in your name.
What documents do I need to change my name?
To change your name in India, you typically require the following documents:
● Affidavit for name change
● Gazette notification with the new name
● Valid ID proof (Aadhaar card, passport, etc.)
● Address proof (utility bills, voter ID, etc.)
● Passport-size photographs
● Marriage certificate (if applicable) Ensure that you check the specific requirements of the concerned authorities.
How much does an affidavit for name correction cost?
The cost of obtaining an affidavit for name correction can vary. It depends on factors such as the legal professional preparing the document or the fees charged by a notary public. On average, the cost may range from a few hundred to a couple of thousand rupees. It's advisable to inquire locally or with legal professionals for accurate pricing in your area.
Why Consider Vakilsearch’s Services?
If you find this a cumbersome and time-consuming process, you can seek Vakilsearch’s services. Our experts will provide you with a comprehensive online service right from drafting an affidavit to informing you about the gazette notification, making sure your name is legally changed in a hassle-free manner and as early as possible.
