• Need clarification on name correction

1- Name correction affidavit.
 Q - I noticed that the seal of the notary on my affidavit is not clear, will it cause any problem?
2- Newspaper Publication.
 Q - Can I publish only on local(Bengali) news papers.
3 - Gazette notification.
 Q -affidavit, original newspaper, public notice performa(including cd), certificate to declare both hard copy and soft copies are same, request letter, self attested Id proofs and photograph, fees.What are the other documents that I need to submit?

Sorry for asking many questions.
Asked 6 years ago in Civil Law

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12 Answers

1) you have to publish in English and regional language newspapers 

 

2) the documents are sufficient for gazette notification 

 

3) execute another affidavit wherein seal of notary is clear 

Ajay Sethi
Advocate, Mumbai
96940 Answers
7822 Consultations

1. If there is seal and notary number is there even the seal is not clear there won't be any issue.

2. Yes you can publish in two local newspapers it will be better if.one is in english as you will send it for publication.

3. This documents are sufficient along with the fee for notification in form of DD.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

publish in one english local news paper along with the bengali one. you can bring it to the notice of the notary for the same but it doesnt matter as record is entered in notary register.

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

1) Your Document is fully is valid. 

2)  You have to publish in English in Any Bengali News Paper. 

3) engage a local lawyer, fees vary within a state.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1) If you have original affidavit with you than no need to worry about it.

 

2) For all other related sub questions what is your many specific question that actual you need help from us kindly post that question.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

1. No if it is readable then the same will not cause any problem. 

2. Publication shall be made in the newspaper which is widely circulated 

3. These are sufficient documents for gazzette publication 

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

01. No issues

02. Yes you can publish in Local paper but it should get proper license

03. Thats all

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

1. For correcting or changing your name, you shall have to execute an affidavit before the 1st Class Judicial Magistrate affirming that your name has been changed or corrected from such and such to such and such.

 

2. Thereafter you shall have to publish the gist of the said affidavit in Gazette and local News paper.

 

3. While submitting teh affidavit before the Magistrate, you shall have to submit copy of some authentic document like birth certificate, educational certificate etc. showing your correctly spelt name.

Krishna Kishore Ganguly
Advocate, Kolkata
27457 Answers
726 Consultations

hello

          Even though it is lengthy, though, the procedure for changing your name is quite simple. All you need to do is to understand how it is done, what steps need to be taken, what are the documents essential for submitting the request, and you are good to go.

There are three mandatory things, which are needed to be done for authorizing the name change:

1. Affidavit Submission: An affidavit needs to be prepared for the name change.

2. Ad Publication: An announcement should be published in the newspaper.

3. Gazette Notification: A notification should be published in the Gazette of India regarding the name change.

AFFIDAVIT SUBMISSION

The first step in the legal procedure is affidavit submission. You need to contact a notary to do the needful. The following steps would make the process simpler and clearer:

1. Approach your local notary and mention your request.

2. The notary will suggest the stamp paper of required value on which the affidavit for the name change is made.

3. Once you have the paper, you need to provide the following details:

a.Name and New name

b.Current address

c.Reason for name change (Astrology, numerology, marriage, etc)

For an Affidavit, go to local notary and request for a name change affidavit on a Non- Judicial Stamp paper. Value of stamp paper may vary state to state. It is advised to take 100 Rs. stamp Paper if you don’t know. Attest it from Notary. Affidavit must contain your old name, new name, your father name, address and reason of changing your name ( Marriage, Astrology, Addition of Surname etc.)

Once the affidavit is printed on a plain stamp paper, it needs to be signed by two witnesses. The legal procedure is to get it signed by two persons of gazetted officer rank. Ensure that you have their signature, along with their stamp (rubber stamp).

The affidavit reflects both your old and new name. Affidavits can be used for changing the whole name, surname or just a few letters.

Keep a copy of the affidavit. This is a crucial document and comes in handy for any future legal formalities.

For overseas Indians, who would like to change their name, one needs to submit a deed stating the change of name, duly signed by the Indian High Commission office or the Indian Embassy.

2. NEWSPAPER PUBLICATION

If you have made the affidavit, the next step is to publish an advertisement/notification in the local newspaper that you have changed your name. For this, you need to select two newspapers, one published in the official language of the state and the other, an English daily.

The requirement is to pick two popular daily and send a request to them, stating the following details:

a. Your new name

b. Your old name

c. Date of Birth

d. Address

Name Change Advertisement Example

The newspapers allot a column for these notifications and will be able to guide you on this. The format can be had from any newspaper. Here is a simple example. Let’s assume XYZ is changing his name to ABC.

I, XYZ, residing at, have changed my name to ABC, and will be known as ABC from here on in. I have submitted an affidavit to this effect, which was signed by on .

Once your notification is published in the newspaper, remember to collect as many copies as you can, and store it for future use. Although one single copy will suffice, it is better to store as many original newspaper ad copies as you can, to be on the safer side.

3. Gazette Notification

We are well at the end now, with just the Name Change Gazette Procedure remaining. Once your gazette notification is published, your name change will be legally complete.

The name change gazette notification is mandatory for those in employment with the government and optional for others. However, it is substantial proof of your name change. Since it just involves sending a few documents for publication, it may make sense to go through with it.

Here is what you need to do to submit the Gazette notification:

a. Carry a copy of the ‘Deed changing name form’ available with the Controller of Publication, Department of Publication;

b. Alternatively, a letter of declaration from you, stating the need for changing the name will do;

c. Carry original copies of advertisements published with the date. (Attach both ads);

d. Carry two attested photographs to ensure you go ahead with the procedure uninterrupted;

e. Carry address and identity proofs (The address should be the same as the one published in the newspaper and affidavit. Any change of address might result in rejection of application).

However, before sending in the following details, call the Controller’s office of Publication to get a detailed account of what all needs to be sent, and note it down. Also, put the above documents in an A4 sized envelope before sending it to the below mentioned address.

The office of the Controller of Publication will send information, with the necessary copies of the Gazette on which the Advertisement/Notification has appeared. Keep this safely for future reference.

Now your part of the work in the name change in India process is done. The Government will print the change of your name in the Gazette. The amount charged for Gazette notifications varies –- either Rs. 700 or Rs. 900 –- depending on whether you want a public notice or not.

The money can be paid either in cash or by a demand draft/postal order drawn in favour of’ the Controller of Publication, Department of Publication, Civil Lines, Delhi – 110054’. This is the address you need to visit in case you will be submitting it in person (office hours are between 10 AM and 1 PM and 2 PM to 3 PM on any working day), or you can courier/speed post the envelope with all details to the address mentioned above.. Check the website of the Department of Publication (Government of India) for further details, here.

Although your work for legalizing your name change is made, it is essential to save all the documents and use it for officially changing your name in the bank records, certificates and any other documents that you deem necessary.

The name change documents might come as crucial ones when you apply or renew a passport or for any other future transactions.

Also, it is noted in several cases that a person has just the affidavit and the Newspaper advertisements for a name change, and have not notified the Gazette regarding the modification. Although, as stated earlier, the government employees have the mandatory clause for Gazette notifications, the banks might ask for Gazette notification before changing your name in the account.

Procedure for Name Change in PAN Card

PAN Card name change may be required due to a number of reasons including marriage, misspelled name in PAN card, change of name and any other reasons. Name change online is possible for PAN and the procedure is simple and can be accomplished by filing the form for PAN Card name change online through TIN or NSDL. 

After you have successfully changed your name, you will have to update your official documents (e.g.-Passport, PAN Card, Driving License, and Ration Card)

The good news is that your copies of the affidavit, Newspaper publication, and the Gazette notification are enough to get these documents changed.

For changes in Passport, you need to fill the following form:

http://passportindia.gov.in/AppOnlineProject/docAdvisor/reissuePassport

For changes in the PAN card, you need to fill the following form:

https://tin.tin.nsdl.com/pan/InstructionsCorr.html#instruct_documents

For changes in the Bank Accounts:

Copy of the affidavit and the gazette notification is needed.

For changes in the educational certificates:

It is a time-consuming process as it requires a lot of paperwork. Thankfully, it is not mandatory to get your educational documents updated with the new name so you can make do without them.

regards

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Dear Sir,

My answers are as follows:

1- Name correction affidavit. Q - I noticed that the seal of the notary on my affidavit is not clear, will it cause any problem?Ans: It does not cause any problem unless you yourself doubt about its bonafide.2- Newspaper Publication. Q - Can I publish only on local(Bengali) news papers.Ans; One Bengali and one English circulating in West Bengal is necessary.3 - Gazette notification. Q -affidavit, original newspaper, public notice performa(including cd), certificate to declare both hard copy and soft copies are same, request letter, self attested Id proofs and photograph, fees.What are the other documents that I need to submit?Ans: The above documents are sufficient.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

No problem if notary stamp is not clear

Bengali newspaper or any local newspaper is acceptable

No other documents required

Chandra Shekhar
Advocate, New Delhi
18 Answers

Notary seal is not that matters in the affidavit, if his signature is legible then it is sufficient.

All other issues discussed by you are sufficient for name transfer through gazette publication

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

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