Explore the regulations governing name changes post-marriage in India, understanding the associated deadlines and procedures. This blog provides essential legal insights to facilitate a smooth transition within the specified timelines.
Introduction
For those navigating the maze of post-marriage name changes in India, a common question arises – when is the right time to embark on the legal transition? While societal norms may press for a woman to adopt her husband’s surname, it’s crucial to note that Indian law doesn’t mandate such changes. This decision rests with the individual, particularly strong and independent women. This blog serves as a guide, offering insights into the choice of completely changing, partially altering, or retaining one’s name after marriage. For those opting for a name change, simple steps are outlined to facilitate a smooth and informed process.
Is There an Importance for Name Change After Marriage in India?
Yes, there can be significance in a name change after marriage in India for various reasons:
Cultural Traditions: In many cultures, it is a tradition for a woman to adopt her husband’s surname as a symbol of marital unity.
Social Recognition: Changing one’s name can enhance social recognition of marital status, which may align with societal norms and expectations.
Legal Documentation: Updating personal records and legal documents with a changed name ensures alignment with marital status, preventing discrepancies in official records.
Family Identity: Name change can contribute to a sense of family identity, especially if both partners decide to share a common surname.
Personal Choice: Some individuals choose to change their names to reflect personal beliefs, values, or a desire for a unified family identity.
The Procedure to Change Your Name After Marriage
1. Creating an Affidavit
An affidavit is a declaration made by an adult. As someone who wants to change my name, you will have to create an affidavit. The affidavit must \include the following details.
- Existing full name
- The proposed new name / new surname
- Spouse’s name
- Present permanent address
- Marriage Certificate copy
- A declaration stating that the details provided are true.
The affidavit has to be then printed on ₹10 stamp paper and duly signed.
2. Notarising the Affidavit
You must need to visit a notary for this. A notary is a person who is authorised by the Government to witness signatures on documents. If you are someone residing abroad you can get it notarised from the embassy,
3. Name Change Advertisement
You have to then publish a declaration in two newspapers, one in the local language and one in the English language, stating that you have changed your name in the presence of a notary. You should then save original copies of the newspaper ads for future reference.
Might also want to save a scanned copy of the advertisements. Newspapers have a separate dedicated section for such advertisements. You can contact the newspaper agency for advice on the format.
4. Publication in the Gazette
The Gazette of India is an official journal of the Government published by the Government of India: https://www.india.gov.in/. You will need to submit an application form to the Department of Publication, which works under the Ministry of Urban Development. For a publication in the Gazette you will have to submit the following documents:
- Get two copies of the “Deed Changing Surname Form” from the Controller of Publication, Department of Publication
- 2 original copies of the newspaper advertisements
- A request letter to the Secretary allowing you to change your name
- Attested copy of the affidavit
- Two attested photographs
- Your address and ID proofs like Aadhaar Card. Make sure the proofs have the same address as mentioned in the affidavit and newspaper advertisements.
For people other than Government employees or people opting for Government exams, a gazette publication is not mandatory. However, it is better to get the name changed reflected in the gazette as for updating your new name in bank records you might need the gazette publication.
What Next?
If your application is accepted, your name will legally be changed in the official gazette within 15-30 days. After this, you would want to change your name in your ID proofs, bank records, etc., so that the same name reflects in all your proofs.
Who Can Help You?
Though this is a task you can do all by yourself, it seems lengthy and overwhelming. You can seek the help of the experts at Vakilsearch to successfully get your name legally changed in India, within a short period.
Conclusion
In conclusion, the decision to change one’s name after marriage in India is a personal choice, not a legal obligation. Whether embracing a new identity, partially altering it, or maintaining the status quo, the power lies with the individual, especially women. While societal expectations may influence, legal freedom allows for diverse choices. For those embarking on the name-changing journey, the process becomes simpler with a few outlined steps. Ultimately, the conclusion rests on individual preferences, reinforcing the essence of personal agency in the realm of post-marriage name changes in India
