Learn the easy steps to acquire a name change affidavit in India, ensuring a straightforward process for individuals seeking a change in their legal name. Our blog simplifies the necessary steps for a smooth experience
Introduction
Following a child’s birth, the convention is to assign them a name. While the name given by parents is customary, it’s not mandatory. In India, individuals have the option to legally change their name, provided they meet certain criteria. Surprisingly, the method to get a name change affidavit in India, like many other government procedures, is infrequently used, leading to limited awareness. Despite being a single process, changing one’s name is not widely known. This blog aims to enhance awareness by talking about this lesser-known but uncomplicated process.
In the ongoing India versus Bharat discussion, the United Nations has stated that it will switch the country’s name to ‘Bharat’ once New Delhi completes the necessary procedures. According to Stephane Dujarric, the chief spokesperson for the UN Secretary-General, this decision follows an invitation referring to the ‘President of Bharat’ at a G20 dinner hosted by President Droupadi Murmu. Dujarric mentioned, When India finishes the formalities to change the name, they will inform us, and we will update the name in the UN records
How to Obtain a Name Change Affidavit Easily in India
Changing your name in India involves a legal process, and obtaining a name change affidavit is a crucial step. Follow these straightforward steps to easily get a name change affidavit:
Visit a Notary Public: Find a local Notary Public office, usually available in legal firms, banks, or government offices. Notaries can help you prepare and authenticate your name change affidavit.
Provide Personal Details: During the visit, share your details such as your current name, the desired new name, date of birth, and the reason for the name change.
Affidavit Drafting: The Notary Public will assist in drafting the affidavit based on the information provided. Ensure the accuracy and clarity of the details.
Review and Sign: Carefully review the drafted affidavit to confirm that all details are accurate. Once satisfied, sign the document in the presence of the Notary Public.
Notarisation: The Notary Public will notarize the affidavit by affixing their official seal and signature. This step is crucial for the legal validity of the document.
Retain Copies: Obtain multiple copies of the notarized affidavit. These copies will be useful for the subsequent steps in the name change process.
By following these steps and consulting with a Notary Public, you can easily obtain a legally valid name change affidavit in India. Always ensure compliance with local regulations and seek professional advice if needed.
What Is Affidavit Attestation For Name Change?
Affidavit attestation for name change is the process of formally approving a sworn declaration (affidavit) indicating a name change. A notary public or other authority is usually needed for this procedure to confirm the affidavit’s legitimacy. It acts as a formal proclamation endorsing the person’s choice to take on a new name. For formal purposes, such as updating identification records, legal documents, and other pertinent paperwork to appropriately reflect the changed name, affidavit attestation is frequently required. The attestation procedure ensures that the name change is recognised in a variety of official and legal contexts, giving it additional legal validity.
Why Is an Affidavit for Name Change Required?
When it comes to altering the name of a minor, an affidavit serves as a legally binding document that verifies the minor’s identity and provides the reasons behind the name change. This document is important in the name change process and demands meticulous drafting to secure its legal validity. The precision in crafting the affidavit underscores its critical role, emphasising the need for a thorough and accurate procedure in the name change process, particularly for minors, to ensure the changes are legally acknowledged and accepted. For any queries, feel free to contact our experts at Vakilsearch.
Process of Changing Your Name in India: Importance of an Affidavit
Step 1: Drafting the Affidavit
At the core of your name change journey is the affidavit, a legal document expressing your intention to change your name.
Importance of the Affidavit: The affidavit initiates the legal process, serving as your formal declaration. Courts and authorities will refer to this document during the name change process.
Creating Your Affidavit: Crafting an affidavit requires precision. It must detail your current name, the new name you seek, and the reason for the change.
Notarisation: Following drafting, the affidavit must be notarised. Local notary offices can verify your identity and provide the necessary stamp for legal validity.
Step 2: Public Announcement in Newspapers
The subsequent step involves publicly announcing your name change through newspaper publication.
Significance of Newspapers: Newspaper publication acts as a public notice, ensuring transparency and openness to public scrutiny during the name change.
Selecting Newspapers: Choose two publications—one in a local language and another in English. Opt for reputable sources for credibility.
Advertisement Format: The advertisement should be straightforward, mentioning your old name, new name, and the date of affidavit creation.
Maintaining Records: Newspaper Clippings: After publication, retain copies of the newspaper clippings. These will be essential for the final step—Gazette Notification.
Step 3: Gazette Notification
The ultimate phase in the name change process involves obtaining a Gazette Notification.
Definition of Gazette Notification: A Gazette Notification is an official government announcement, marking the conclusive step that legally solidifies your name change.
Application Procedure: To apply, submit a form with the necessary documents, including newspaper clippings, to the Department of Publications.
Publication Timeline: Upon submission, it typically takes about 2–4 weeks for the notification to appear in the Gazette, completing the name change process.
Components of an Affidavit for Name Change
An affidavit for name change is a crucial legal document, and certain components are integral to its structure, ensuring its validity and acceptance. Here are the key elements that should be included in the affidavit:
Personal Information: Include your full legal name, address, date of birth, and any other relevant personal details.
Current and Desired Name: Clearly state your current legal name and the new name you wish to adopt.
Reason for Name Change: Provide a detailed explanation for the name change, whether it’s due to marriage, personal preference, or any other valid reason.
Statement of Truth: Declare, under oath, that the information provided in the affidavit is true and accurate to the best of your knowledge.
Notarization: The affidavit should be signed in the presence of a notary public, who will verify your identity and provide an official seal.
Date of Affidavit: Clearly mention the date when the affidavit is executed. This is crucial for legal documentation.
Any Supporting Documents: Depending on the jurisdiction, you may need to attach supporting documents, such as a marriage certificate or court order, to substantiate the name change request.
Signature of Deponent: The person making the affidavit, known as the deponent, must sign the document to affirm its authenticity.
Legal Language: Ensure the use of clear and concise legal language to convey the intended purpose and gravity of the name change.
Witnesses (if required): In some cases, witnesses may be required to attest to the signing of the affidavit. Check local regulations for specific requirements.
How to Change Your Name Online? – In 5 Steps
Register Online: Initiate the process by clicking on Register New User and provide your personal information to create a new member account on the designated site.
Log In or Create Account: Log in using your Citizen Service Portal ID if available. For new users, log in after completing the registration process.
Apply for Name Change: Navigate to the Directorate for Printing and Stationery application page. Select Gazette Second semester for Name Change and proceed.
Complete Gazette Publication Online: Access the Maharashtra Gazette’s online version, choose the Gazette Advertisement option, and open the PDF. Fill out the name change form, accept terms, and proceed.
Submit and Track: Return to the initial PDF page, provide contact details and required information. Upload necessary files, pay the fees, and use the generated Citizen Service Portal ID to track your name change request online.
Conclusion
To sum up, getting a name change affidavit in India involves visiting a Notary Public, sharing accurate details, and collaborating on the drafting process. Reviewing and signing, followed by notarisation, are critical steps for legal validity. Keeping multiple copies is wise for future use. This simple process ensures a smooth transition to your desired name. Always follow local rules and seek guidance when needed for a hassle-free name change journey. Vakilsearch can provide the guidance you are looking for!
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