• Name Change process in India for US Citizen and OCI Card holder

Background:
Indian born professional Mallirao Venkata Rama Rao moved to US and simplified and legally changed his name to Venkat Rama Rao [removed the original surname and removed 'a' from Venkata and made it Venkat. His new, legal name (Venkat Rama Rao) has been effective in the since 2000 (US Social Security, US Passport, US Drivers License, US Banks, US Homeownership, India OCI Card, Indian Bank Accounts (NRE) SBI, HDFC, etc.

But... some of the land registration documents in India (registered prior to 2000) and all the India education records show the then full legal name: Mallirao Venkata Rama Rao.

To make it easy for selling the property in India, he wants to make the name change "official" in India by following the standard process (affidavit, newspaper publication, entry in Gazette, etc.).

Questions:
Q1: Does he need to formally change his name in India? [though the differences are minimal]?
Q2: If so, can that name change be processed in India without he actually visiting India?
Asked 6 years ago in Family Law
Religion: Other

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15 Answers

1) not necessary to formally change name in India 

 

2) affidavit that both are one and same person should suffice 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Affidavit should be attested before Indian consulate 

 

it would be accepted by the authorities 

 

minor typographical mistake should not be a concern for buyers 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Name change process was done in the USA and in India you want to announce the name change officially therefore you should ublish it in the newspapers and make an affidavit and publish it in the government Gazette.

For this you have to visit India to aign an affidavit.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can apply in state or central government name change procedure

 

Affidavit, advertisement in two newspaper, and than apply in Gazette . Than you can submit gazette in the revenue department for change name procedure.

You can make the affidavit here in India. For USA affidavit will be valid here in India let me check.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

In case of Indian living abroad he/she shall submit deed duly attested by the respective Indian Embassy / Indian High Commission.


If you want I can perform change name procedure for you from here. In past I have done more than 369 cases of name change state as well as center government. 

In your case central government name change will be valid.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You have to make an affidavit in India as buyers in India would be apprehensive if they see different names.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. See legally you have already changed name in the US so with proof of same you can execute any deed or transfer, there is no need as such to change name in India.

Though to avoid future issues you can make an affidavit of name change in 2000 in US and can publish same in 2 newspapers.

2. Further for affidavit you need to be in India before notary here, though you can get an affidavit notarized in US.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Yes the sub-registrar may consider same along with proof of change in name.

2. As far as buyer is concerned if proof of name change is there buyer shall have no objection to it.


1. Yes the sub-registrar may consider same along with proof of change in name.

2. As far as buyer is concerned if proof of name change is there buyer shall have no objection to it.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Despite the name in a US Passport /OCI card and more so since the properties stand in another name, you will have to follow the Name Change procedures under Indian Laws, by giving undertaking regarding the changed name in the US passport. Mere declaration via any newspaper notification or affidavit, in India, is not legally sufficient any purposes.

2. Once the above is conducted, THEN nothing remains and neither any documents etc.... are required for transacting in any type of properties.

3. Name Change procedures can also be conducted with help of Indian Embassy in US and there is no need for visiting India.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You need to change the same through gazette notification and paper publication if the affidavit is not suffice in your case

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

No need to change name, US notarized affidavit is enough.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Instead of following name change process, you can prepare an affidavit stating that your name has since been changed to..... because of migration to US laws, however you still retain your old name which is.... you affirm that you are known by both the names and both are one and the same.

In addition you can have a newspaper publication effected on this Which may solve the issues in India.

2. He has to sign the affidavit in person before a notary public in India.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The notarized affidavit is an authentic document hence it should not be disputed by the concerned authorities for any reason.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. It is not mandatory to change the name in India through Gazette notification.

2. You will need only name declaration affidavit atleasted from Indian consulate in USA.

3. Yes it will be honored by Indian officials.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

Procedure for Name Change in India

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 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.

NOTE: Gazette meaning – Gazette means any form of journal, newspaper where it is published officially.

1. 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 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)

4. 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).

5. The procedure for a name change, in the case of a central government employee, needs to be done in lieu with the Ministry of Home Affairs O.M. No. – 190016/1/87-Estt. Dated 12.03.1987. Ask the Notary for advice or read the guidelines.

6. Married women, who would like to change their surname or add their husband’s name as initials, are required to provide the following details:
a. Old name with the father’s name and address;
b. New name with husband’s name and address;
c. Marriage date.

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.

For instance, if you reside in Madhya Pradesh, you can opt for Dainik Bhaskar and Times of India/Hindustan Times. If you are from Tamil Nadu, you can opt for Dinakaran/Dina Thanthi and The Hindu/Indian Express.

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.

Married women, who would like to change their surname after marriage, should add their husband’s name and address in the notification.

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:

  • Carry a copy of the ‘Deed changing name form’ available with the Controller of Publication, Department of Publication;
  • Alternatively, a letter of declaration from you, stating the need for changing the name will do;
  • Carry original copies of advertisements published with the date. (Attach both ads);
  • Carry two attested photographs to ensure you go ahead with the procedure uninterrupted;
  • 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 need 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 safe for future reference.

Fees for Gazette notification:

Now your part of the work in the name change process in India is over. 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.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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