In the Indian context, a widely prevalent tradition is for women to change their last name to that of their husband or his family upon marriage. Such symbolic gestures mark the commencement of a new chapter in the life of a woman but include the legal procedure. Name-changing after marriage requires a few steps, documents, and time for processing. This article serves as a setup for how one can change her name through two approaches, along with a guide for updating her name in various official documents such as PAN cards, passports, etc.
Methods of Changing Name After Marriage
There are two processes by which a woman can change her surname after marriage in India: the notarized affidavit and the Gazette publication. Both hold legal validity but are entirely different in procedural terms.
- Affidavit
When it comes to name change after marriage, the notarized Affidavit method is one of the most common and straightforward methods. Here’s how you can do this.
Step-by-Step Process:
Step 1: Prepare a Joint Affidavit
You and your husband need to file a joint affidavit declaring your marriage. The affidavit should include:
Your maiden name
Your new name (post-marriage)
Name and address of your husband
Stage Two: Stamp Paper and Sign
Affidavit to be printed on ₹10 stamp paper. To be signed by you and by your husband.
Setup 3: Attach Supporting Documents
Attached to the signed affidavit are the following documents: - The marriage certificate
- Passport-sized photographs of both of you
Step 4: Notary Work
Take the affidavit for notarization by a notary public; notarization is a legal process whereby the notary attests that the document is true until there are fees for the same.
Stage 5: Advertise in local newspapers
Once notarized, you must publish the advertisement concerning the change of name in two local newspapers. This step will keep them informed, and if needed, it will serve as proof later.
Amendment Procedure for Official Documents:
When you complete the notarized affidavit, you now need to do the official record update. Here are steps to effect name change in some important documents.
PAN Card:
A request should be submitted to the Income Tax PAN Service Unit, attaching hereto:
A copy of the marriage certificate or the notarized affidavit This proves your name change; they will issue a new PAN card.
Passport:
You will apply for a new passport to effect a name change in the passport. Attach the following documents to the application:
Your old passport
A copy of the marriage certificate
A copy of your husband’s passport
Any other relevant particulars.
Bank Details:
You just need to visit the bank branch where you hold your account and submit an application requesting a name change. Attach either your marriage certificate or an affidavit with the application.
Driving License:
To change the name in driving license, one has to submit an application request in the RTO, along with the following documents:
Marriage certificate
Form LLD (to be obtained from RTO)
Form 1 (medical certificate)
Proof of address
Original driving license
Identity proof
Processing fee - Name Gazette Notifications
The Gazette Notification Method is yet another legal method to change your name. This method consists of publishing your name change in the Gazette of India, a Government recognized journal. This is considered an official record and permanent record of changing your name.
The process step by step:
Step 1: Written Application
Make a written application to the Gazette department with:
Copy of Marriage Certificate
Proof of residence Request the department to change name by marriage.
Step 2: Send Documents by Registered Post
Post your documents to the relevant department by registered post. This makes sure that they are able to receive an application with fewer chances of losing it.
Step 3: Request Gazette Publication
Request the department to publish a change in name in the next issue of the official Gazette. This would be an official notification of your name change.
Stage 4-Gazette Notification Receipt
As soon as your request is processed, you will receive the Gazette notification at your address within 15 to 20 working days. This will serve as proof of your name change for official purposes.
Stage 5- Publication of Name Change in Local Newspapers
Like the Notarized Affidavit method, after receiving Gazette notification, you must publish an advertisement in two local newspapers. It will give further proof of your name change.
What Documents Does One Have to Have for Gazette Publication?
For the Gazette Publication method, you’ll need the following documents:
Application letter requesting name change
Marriage certificate
Address proof
Copy of government-issued ID proof, i.e. Aadhar, voter ID, etc.
Time taken for Name Change Procedure
Both the methods take time for processing, but generally Notarized Affidavit gets completed in less time. Notarization is done fast, but the advertisement publication in newspapers and processing time for updating records takes few weeks.
The Gazette Notification, on the contrary, may take slightly longer owing to the very rigid procedural requirements associated therein. Once the application is in, the Gazette notification will, on an average, take a time span of about 15-20 working days before it finally reaches you.
Other Operational Assistance in the Name Change Procedure
To hitherto change, a name after marriage entails a cumbersome, time-consuming task, in addition to understanding the legalities involved. The procedure may also entail multiple visits to government offices and filling out various forms while ensuring compliance with all requirements involved.
If you find the way too complicated or need an expert’s help, MyAdvo will come in handy. MyAdvo will connect you with a team of skilled lawyers who are aware of and specialize in name change procedures. Keeping you guided with every step of the procedure, these legal experts will ensure that your application reaches the right hands in just the right time after all the required documentations are signed and stamped by you. Therefore, MyAdvo is your trusted partner for any types of consultation, documentation, or help for the name change process in question.
Conclusion:
The change of name after marriage is a legal process involving the steps and documents required for it.Regardless of the chosen method, whether it be the Notarized Affidavit or Gazette Publication, both of these are efficient and effective ways of recording your new name in official papers. However, if you are still unsure about the detailed procedure or need to seek assistance in following through the procedure, then it would be better to contact legal professionals like MyAdvo, who would guide you in doing everything confidently and much easier for you.
