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Procedure for changing name of an individual in India

Aug 19, 2008 3:51 pm

Procedure for changing name of an individual in India

Ritu

What is the procedure for changing name of an individual in India?? changing name as in completely changing the name (dunno how to put it better) & not as in a female changing her last name after marriage.

Private Reply to Ritu

Aug 21, 2008 7:48 am

re: Procedure for changing name of an individual in India

Swetha Mourougane

Ritu
curious to know your new name :)

Private Reply to Swetha Mourougane

Aug 21, 2008 8:17 am

re: Procedure for changing name of an individual in India

Jayant Tewari, OutSourced CFO

I think there's an affadavit to be filed and an advertisement in the Local Newspaper to be attached. You'll probably get a document from the court certifying the change.

Private Reply to Jayant Tewari, OutSourced CFO

Aug 25, 2008 1:13 am

re: re: Procedure for changing name of an individual in India

SOEB FATEHI

1. an affidavit to be done. the draft for the same has to be comprehensive to be acceptable for management of financial transactions, assets, liabilities, inheritances from and to, loans and advances, recoveries, etc. though some lawyers have argued that too much detail is not required it is said that any missing clauses, exclusions from and contradictions with power of attorney before and after name change, insufficient recital of history of circumstances, etc does lead to much inconvenience and requires greater effort later on.

2. the change of name has to be submitted and published in the Government Gazette. for this a form is available at the Gazette Office and the duly filled form has to be submitted with payment of fee, affidavit and any other back up document for proof of identity and address as required by the proper officer authorized to create and accept the form. the same can be processed by a solicitor on behalf of a client under vakalatnama.

3. advertisements in the form of notice/notification in three daily local newspapers to be inserted - insertion in any low cost vernacular daily is sufficient. advertisement has include Gazette number and date and extract therefrom. the same should preferably be issued by a solicitor on behalf of a client.

4. purchase a dozen copies of the gazette since it is difficult to purchase again later.

5. follow through by submitting notarized or attested copies of the newspaper advertisements, gazette, affidavit and other proof of identity and residence to get change of name recorded and effected in school, university, department of education, banks, roc, share registries, cooperative societies, associations and public organizations and trusts, etc. have any nominations, wills and promissory notes suitably amended or make supplementary documents to the effect.

6. stop worrying and start living for what is not yours is not yours and what you can not control you can not control.

seek help and guidance from friends at - use professional services professionally -
http://legalneeds-network.ryze.com/

this indicative procedure is posted as a friendly guideline without receipt or expectation of compensation or consideration and is not to be construed or deemed as counsel or as a substitute for legal counsel and legal services. do seek legal counsel in all matters including and not limited to this one.

Private Reply to SOEB FATEHI

Aug 25, 2008 7:13 am

re: re: re: re: Procedure for changing name of an individual in India

Ritu

Swetha, I'm not changing my name...now or anytime in future cos I don't have anything to complain against my name ...Ritu ain't a bad name at all I guess...n I'm never again gonna change my last name either (though i rarely use the last name unless i absolutely have to) ...my future hubby gotta change his last name into mine, howzthat???

Last time I was asking about suicides here.....but you din't get curious about when, why n how I was committing suicide,eh??

But if must know I was asking this question for my student who is called jimmi & she's a bit uncomfortable being called jimmi & wants to be called Kashish.

Jayant & Soeb, thanks for the suggestions. Much obliged.

Incidentally I also wanted to know about the potential problems a person with changed name can run into.

Private Reply to Ritu

Aug 25, 2008 7:15 am

re: re: re: Procedure for changing name of an individual in India

Jayant Tewari, OutSourced CFO

Very comprehensive and very useful indeed ..... I tripped on the disclaimer ... have copied and filed it for future use .... hope it isn't coyprighted ?

Private Reply to Jayant Tewari, OutSourced CFO

Aug 25, 2008 10:00 am

re: re: re: re: Procedure for changing name of an individual in India

SOEB FATEHI

Ritu - most of the 'potential problems' are highlighted as caution points embedded in my procedure.

Jayant - use your right to copy in this case. if you mention the source it will be considered a display of good manners and a sense of fair play and you will score brownie points with your reader for that.

if you want more you may write in for your free coupon to a lucky draw for a free non copyrighted copy of DISCLAIMERS for DUMMIES, packing and forwarding at actual.

enjoy!

- Soeb

Private Reply to SOEB FATEHI

Aug 26, 2008 6:31 pm

re: re: re: re: re: re: re: re: Procedure for changing name of an individual in India

Ritu

Soeb..your pointers are comprehensive but I must say the disclaimer stole the limelight...which is not to say that the suggestions themselves are not useful cos they are & very much so...apparently my student had approached some lawyers in her town & they were not SO clear about the entire procedure...how do you know all this stuff, were you a lawyer in your past life,eh??

A few more quesations are popping up in my head

~ What type of lawyers should one approach for the said procedure?? The notaries that sit on tables chained to trees in district courts (atleast this is how you find them in Indore)??

~ How long should the entire procedure take??

~ Does one get fresh copies of marksheets, passport etc or is one supposed carry a copy of affidavit/gazette for the rest of the life?? I mean you alluded to this in point 5 but somehow I'm still confused.

I guess I'm asking too many questions.

Thanks

Private Reply to Ritu

Aug 27, 2008 2:12 am

Procedure for changing name of an individual in India

SOEB FATEHI

RITU -

right from the bottom . . .

no you are not asking too many questions - maybe many . . . . rest assured that whilst i reserve the right to reply my replies can outnumber your questions on most subjects - laugh it up and enjoy!

1. a general thumb rule about - what fresh copies are needed and what are not - what fresh copies are possible and what are not - - -

MUST GET NEW OR AMENDED -
documents that are CURRENT - that have a validity term / conditions of use - that are not essentially historical / archival / record in nature - including but not limited to passport, voter id, pan card, other tax registration number records, ration card, domicile certificate, police clearance certificate, employment certificate, credit / debit / atm card, share certificates, partnership deeds, store points cards, club membership cards, school / college identity cards, society and association memberships, own wills and bequests, insurance policies, bank account titles, nominee / beneficiary and executor appointments.
if for SOME of these it is not easily possible to amend because of resistance from issuing office or unaffordable costs or other compelling but valid reasons not including suppression of fact or attempt to mislead and misinform then specific case to case legal help may be necessary.

MAY NOT GET NEW OR AMENDED -
mark sheets and passing certificates, degrees and diplomas, character certificates, past employment certificates, past business and tax records, birth certificate, marriage / separation and divorce certificate, awards and citations certificates. in all cases an attested copy of the gazette preferably notarized or certified by some very high police official must accompany the document whenever and wherever used or submitted.

2. what type of lawyers . . . . . ?
tough one to be truthful and safe on . . . .
Doctor saves a life, Laywer saves rights, Chartered Accountant saves taxes . . . . the three highest paid professionals in the world in any society . . . . stupid engineers only make things work! with due respect to the vocations envied shamelessly i add that the corruption and negligence index is reportedly the highest in these and maybe directly in proportion to the human need. i discount most reports whilst adding that it is also reported that there is no smoke without fire.

back to your question - when i have used a legal services i have engaged from amongst the top notch senior most in Mumbai with clear deliverable on start to finish basis. i pay through my nose and sleep well thereafter. however i have also engaged on occasions the services available sans tables under the lamposts outside every court. for this case i recommend that one uses the senior wisdom of a reputed legal solicitor.

3. how long . . . .
the procedure of affirming, gazetting and notifying in press if handled well can take a maximum of three trips to the lawyer's office and two trips to the gazette office and one trip to a news paper advt agent. a good legal firm can do all this on start to finish for you in two trips. time taken for this part is less than six weeks.

the remaining part of name changing in all documents etc takes the rest of your life. happy name changing to your friend from legal needs network!

4. how do you know all this . . . .
lets leave it at, "Some have it!"

thanks for asking - i was just dying to tell!

Private Reply to SOEB FATEHI

Aug 28, 2008 4:21 pm

re: Procedure for changing name of an individual in India

Ritu

Hey Soeb, your answer is not only informative but also entertaining...made me chuckle! Many thanks!

But I must say you have used more legalese (that are not essentially historical / archival / record in nature - including but not limited to; SOME of these it is not easily possible to amend because of resistance from issuing office or unaffordable costs or other compelling but valid reasons not including suppression of fact or attempt to mislead and misinform then specific case to case legal help may be necessary....etc) than a lawyer, what gives??

Private Reply to Ritu

Aug 29, 2008 5:15 pm

re: re: Procedure for changing name of an individual in India

SOEB FATEHI

*smiles*

Private Reply to SOEB FATEHI

Sep 05, 2008 3:22 am

re: re: re: Procedure for changing name of an individual in India