Hello respected members, Please note, my father retired as a central government employee 10 years back and used middle name & surname as Kumar Chattopadhyay after his name. He used Name+ Kumar Chattopadhyay in all his documents starting from school leaving certificate to college to all govt documents to PPO, Aadhar, Pan, Passport etc. However, in all my documents my father's name is mentioned as Name+ Chatterjee. In case of my mother also, my father's name is mentioned as Name + Chatterjee. Recently my mother's passport application got rejected because my father's passport says Name + Kumar Chattopadhyay and mother's documents are showing her spouse's name is Name + Chatterjee. Can someone please suggest should my father change his name from Name + Kumar Chattopadhyay to Name + Chatterjee in all his documents (which is painstaking as service book records and PPO also need to be changed) or some kind of Alias affidavit is sufficient for future recourse. If Alias affidavit is good enough, does it needed to be published in govt Gazette? Can someone please suggest the best way out as this can become a huge problem for us in future.
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Your father can execute affidavit that both are one and same person
affidavit should be on stamp paper and duly notarised
if passport office refuses to accept affidavit father nabe will have to be changed by notification in official gazette and 2 local newspapers
Your father can prepare an affidavit giving both the names and stating them to be one and the same.
Get this affidavit notarized and published in a local newspaper and then proceed with the Gazette publication of the same.
After that you may apply for reissue of passport.
Dear Client,
In your situation, it is advisable to pursue a legal name change of your father, to resolve potential issues, such as the rejection of your mother’s passport application as a consistent name across all legal documents is essential for clarity and legal recognition.
Your father can either change his name officially or provide an alias affidavit. If he opts for an alias affidavit, it should state that "Kumar Chattopadhyay" is an alternate name for "Chatterjee." While an alias affidavit can help clarify the situation, it is generally recommended to publish a notification in the Gazette of India to ensure broader legal recognition and avoid future complications.
The process involves drafting an affidavit, publishing a notice in at least two newspapers, and obtaining a Gazette notification. This formal procedure will help ensure that all government authorities recognize his name consistently across all documents, thus preventing any issues in the future.
Hope this answers your query.
Thank you very much for your answers. Actually he did a first class magistrate affidavit a few years back where it was mentioned that Name + Kumar Chattopadhyay & Name + Chatterjee both are same and identical person. He however, didn't publish it in newspaper or publish it in the gazette if that's the process. We were under impression all along that this document is sufficient. However, when the Passport office rejected this as a proof, we were surprised and started searching for alternative solutions. So, here I guess name change is the most apt solution.
Better change name by notification in official gazette and 2 local newspapers
Dear Sir,
for this you have to again make affidavit stating both the names are of the same person and get it published in two newspapers and then in the gazette (extra Ordinary part 4) to make it valid forever and everywhere.
Publication in newspaper after the affidavit done before the first class Magistrate is not mandatory.
If any particular authority requires such publication then only iot should be done.
As per the Passport Act and itsa Rules, the authority is bound to accept he affidavit.
In other words if it does not accept this going to court is an option.
You are right in your understanding that you required to follow the procedures for name change in the given situation.
Hence you may follow the procedures as prescribed in law to avoid further complications.
- As per law, your father cannot change his name in any academic or official record after a long period.
- However, the passport authority can accept a notification in official gazette for correcting the same.
- Hence, your father should execute an Affidavit after affirming that his both the names are same and of one person , and further he should publish the same in the Gazette .
He can do gazette notification and paper publication now also or you can do it on his behalf
1. Your father shall have to affirm under affidavit before the 1st Class Judicial Magistrate that he is known in both the stated names and he is required to be considered as the same person with the said two similar names.
2. Thereafter the said affidavit shall have to be published in the Gazette and also two Newspapers, one being in vernacular.
3. With this Affidavit, you and your mother shall have to approach the appropriate authorities stating that your father also has the name as 'name + chatterjee'.
1. You can file a Writ Petition before the High Court praying for a direction upon the Passport Authority and also the Authorities who have refused to accept the affidavit affirmed by your father that he is known both as name+kumar+chatterjee and also name+chatterjee.
2. In all my educational documents, I am known as Gangopadhya as my title which I have changed in my passport and Bar Association documents as Ganguly based on such affadit affirimg that I am the same person known as Gangopadhyay and also Ganguly as my title.