Legal AdviceMarriageName Change

Is There a Deadline for Name Change After Marriage in India?

If you are someone who has recently got married or is about to get married soon, you must be wondering when you should legally change your name after marriage. Here is an article with all the details you should know.

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The first question that arises is whether it is mandatory for a woman to change her name or surname after marriage. Though society may compel a woman to adopt her husband’s surname post-marriage, Indian law does not mandate anyone to change their name. 

It is a decision strong and independent women can make for themselves. It is up to her to decide when to legally get her name changed. A woman can decide if post-marriage 

  • She wants to completely change her name
  • Just replace her surname with her husband’s surname
  • Retain her existing surname and add her husband’s surname to it.
  • Or just let her name be as it is.

And if you are someone who has decided to go on with the name-changing process, here are a few simple steps to guide you through.

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 your 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. 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. 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 was 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 of time.

 

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