Date : 04 Apr, 2024
Post By admin
Written By : Advocate Hitesh Katharotiya | 18 years of experience | ★★★★★
For a variety of reasons—personal, cultural, or legal—people may wish to alter their names in Chandigarh, as they do in many other parts of the world. In Chandigarh, changing one's name as an adult usually entails a number of stages and follows certain legal requirements set forth by the Indian legal system. Those who want to change their name must first obtain the supporting paperwork for their request. This often consists of identification documentation, such as a passport, driver's license, or Aadhar card, in addition to any other pertinent paperwork that the authorities could ask for.
The person has to file a petition for a name change in Chandigarh court or government agency after gathering the necessary paperwork. Usually, this petition contains the existing name of the individual, the desired new name, and the reason for the name change.
Following filing, the petition will be examined by the court or government agency, and if all goes according to plan, the public will be informed of the planned name change by the publication of a notice in the local newspaper. This gives the public the opportunity to voice any complaints they may have regarding the name change.A formal order authorizing the name change will be issued by the court or government office if no objections are voiced within the allotted time. This order can be used to update official records, including passports, driver's licenses, and other kinds of identification, and acts as legal evidence of the name change.
Lastly, the person must notify the appropriate authorities and organizations such as banks, employers, and educational institutions, to update their records with the new name after the name change is granted.
In Chandigarh, minors who are not yet eighteen years old are still need to get their parents' approval before changing their name. This age requirement dictates the Age of Majority Act of 1875, which matches the 18-year-old standard in all categories except marriage.
1. Minors: In many places, a person under the age of eighteen must have the legal backing of a parent or guardian in order to consent to a petition for a name change. There are minor variations in the legal procedures between states within a country and territories within the union due to the distinct ways in which they were created.
2. Marriage or Divorce: Although the age of 18 generally grants the ability to alter one's name, there are some particular situations, such as marriage or divorce, that have their own set of rules pertaining to this. People under the age of eighteen, for example, are able to modify their name for the sake of marriage or divorce while still adhering to other aforementioned requirements and have a consent or approval of the right party.
1. Sound Mind: A potential name change applicant must be in good health, have made resolutions, and be aware of the implications of the name change. These standards verify the procedure and guarantee that the choice to change one's name is the product of the individual's will rather than coercion.
2. No Fraudulent Intent: A straightforward name change raises no red flags. Sincere motivation drives one to act honorably. Those wishing to modify their name should indicate in their application why they are making the change and affirm that they are not using any deceptive or fraudulent tactics.
3. No Pending Legal Issues: The procedure for changing one's name should not apply to someone who is the target of ongoing legal action or criminal investigations. As no clear reason for avoiding legal responsibilities or escaping criminal accountability can be established, the judge will then consider the petitions for name changes before allowing the request.
4. Indian resident: Indian nationals wishing to change their name as adults in Chandigarh must present the paperwork listed below. Individuals who are not from the country of residence may encounter difficulties adhering to distinct legal standards or regulations.
1. Proof of Identity: In order to validate their identity, the applicant needs to show a legitimate form of identification, such as a driver's license, passport, or Aadhaar card.
2. Petition for Name Change: A filed official petition or application for a name change, together with the necessary documents, must be submitted to the proper authorities or court.
3. Divorce Decree or Marriage Certificate: If the petitioner's name changes as a result of their marital status, the accompanying documentation—that is, the divorce or marriage certificate—will be required to track down the matter.
4. Additional Supporting Documents: The specifics of the name change process will determine whether other documents are required. These may include a birth certificate, an affidavit, and a publication notice.
1) Application form: Provide information in form about a first name change, surname change, or a combination of both; give detailed and explanatory information.
2) Submission: Fill out the form, attach the supporting documents and pay the fees according to the rules of the court which you should file the application to.
3) Publishing of Notice: In some other states or jurisdictions the request to make a mention in a newspaper about the name change in a local day-to-day paper is likely to be asked.
4) Court Hearings: Subsequently, there are court appearances where a judge would consider your petition with questions about your reasons for a change in your name.
5) Court Order: If this proceeding is in a favourable way, then you shall be provided with a name change order and court directive which are a formal document for the change of name and surname.
6) Updating Records: Having your name legally changed you need to update it on all the legal documents and records next.
In Chandigarh, this frequently occurs to both men and women, but mostly to women who, upon marriage, adopt their husband's family name in place of their maiden name.
Some people may wish to demonstrate that they are married to their last name and are no longer single by using their spouse's last name. This may be driven by the necessity to accommodate societal demands or the convenience of completing bureaucratic processes.
Divorced individuals can choose a new name to signify a fresh start or go back to their original name.
Women who feel more independent in regards to altering their married name may choose to follow this method. The emotional wounds don't fully heal after being involved in new friendships and partnerships.
Some people can simply think a different name sounds more enticing for whatever product is hip or just because they enjoy it.
Having a handle that accurately represents one's actual status, a particular background, or a certain religion could serve as inspiration. It could also be the time when the individual is attempting to break free from previous unfavorable stigmas.
People in India who look different from what society expects of them are being given more respect and attention lately.
Respecting the use of name pronouns that indicate gender identity and taking the lead from transgender people is another way to create a supportive workplace. They might act in this way when it becomes simpler for transgender persons to have their gender identity documents checked. It leads to a shift in perspective for the transgender community and increases their visibility in our surroundings.
India is a multiethnic country with numerous distinct language communities, cultures, and religious traditions.
A person may alter their name to signify that they have converted to a different faith or culture. Some people choose names that represent their devotion to a particular deity or their spiritual beliefs, while others may adopt a new name after converting to Islam.
Unfortunately, certain names in India may be stigmatised or subject to prejudice due to caste, religion, or regional connotations.
People may find that changing their name helps them avoid prejudice or discrimination in a number of areas of life, including social interactions, employment, and education. People can decrease the negative consequences of bias in society by changing their name to something less stigmatised or neutral.
For branding or career-related reasons, people may decide to change their names in certain businesses or professions.
People may find that changing their name helps them develop a distinct professional identity or increases their marketability in competitive industries. A writer may adopt a pen name to target a certain readership, and an actor may choose a stage name for better recognition.
(a) Aadhaar Card: The main regulation of living in this country is the Aadhaar certificate, which was issued by the government of India through the Unique Identification Authority of India (UIDAI). It is marked with a 12-digit distinct Code number in addition to the biometric data.
(b) Passport: A very often accepted legal identification form valid passport is another established way among others which is used to make sure the person is who he or she claims. This information includes the name, date of birth, passport number, and photograph in the form of private data.
(c) Driver's licence: Driving licences are the main identification documents which are issued by the Regional Transport Office (RTO) and every type of passenger carries it while boarding public transport. It contests an individual's name, address, date of birth, and driving licence Class.
Step 1- Obtain the Necessary Documentation: Get in touch with the departments handling the case or the official court to meet the requirements for submitting a name change petition as an official. The type of name document and the jurisdiction (first name, last name, or both) for which you're searching for a name change could dictate the applicant's document's content.
Step 2- Completion of the Petition: Fill in all the blanks and provide detailed, accurate answers to the questions. Remember to include all necessary extra information. It consists of two sections: your current name and the reason you wish to change it, followed by your new chosen name and your personal details, including a supporting file.
Step 3- Gather the corroborating evidence: Gather any and all documents that may be required as proof, such as birth and marriage certificates for divorced parties, or death certificates for widows, affidavits, publication notices, and anything else the court or another authority may stipulate.
Step 4- Send in the Petition: The petition must be sent to the appropriate court or authority together with the necessary supporting documentation as soon as you are finished. If it is in charge of your residence, you must file a petition. Any filing fees that you are required to pay the court should be paid.
Step 5- Notice of Publication: In certain states or areas, the applications may be in charge of the news about a name change that is published in the local newspaper. Be mindful of the guidelines the court has established regarding what should and shouldn't be in this notification.
Step 6- Court Hearing: In the event that it is necessary, kindly attempt to obtain a signed commitment to participate. After that, the judge may give notice to the parties involved by phone to schedule a hearing to discuss the reasons for the name change and its legality. Although the interviewer for the position will typically ask you to provide a brief, truthful response, she or he may also ask you about the factors that led to your acceptance of that job title.
Step 7- Obtain a court directive: By obtaining the judge's approval for the petition, you will formally change your name with their consent. A judge certifies and records your new name in a court decision, which gives you the right to it.
Step 8- Notification to the Gazette: Additionally, a notification about the name correction to the Indian Official Gazette should be issued upon the approval of the correction court judgement. Public notice of the name change is currently being distributed to all relevant government offices. After that, the name change is accepted by law as a legitimate identity record.
Step 9- Review or Update Documents: As soon as you have all the necessary information, make sure to keep your name updated on any pertinent documents, including as your Aadhaar card, passport, driver's licence, bank accounts, degrees, and other important paperwork. The notice in the Gazette and the court order.
Step 10- Verification: By checking the information with them directly, you may ensure that your name change is accurately represented in the files of banks, government agencies, educational institutions, and other records that they deem significant. To find out if the execution took place, save backup copies of the court order and the Gazette announcement.
One of the initial things people faced with name change research do very often is analyse the legal requirements and procedures that are pertinent to the person's state or country. However, sometimes this might not be the case. The parent material should be based on a set of forms which are also accompanied by other sources and court/authority guidelines, if applicable. At such time, when the person is able to draft a deed, and there are all the necessary documents found out, the person gets the appropriate credential.
The subsequent step is to complete the necessary paperwork, obtain all relevant documentation (including the petition form), and submit all these documents in due time to the particular court or authority. In truth, the judge's ruling may also be delayed if the administrative process in court takes too much time and there are no court dates available. In other situations, if the person can not work until a hearing is convened, they would not have the liberty to use their washing machine at their home.
Some applicants must declare to the newspaper (local) the fact of their name change within a determined period as stated in the state's regulations (laws) or local by-laws. So, unless the defendant follows the regulation about publication given by the court/authority, the steps of publication will keep on going. People who cannot meet the initial request timelines follow up with the required steps to complete the name change process.
The Law Court may take this prior negotiation over the renaming issue under the court's review at the next meeting time as well. Getting approval for such a change, may be time-consuming. Now on a more serious side, the situation might really worsen that too the trial will be put on hold until the courtroom too becomes accessible. It is at this time of the whole process when the applicant explains to the judge about the reasons for their intentional change of name.
In case the court approves the petition and it is approved after considering it, the two concerned individuals will be handed a court order that will be used to change the name. It usually takes a while when you must wait for the court's decree to be given out and received by the individuals through sending them (mail) or walking in in person. After the judge makes a determination, people will then require to inform the appropriate bodies and review their records accordingly.
It is further suggested that individuals come out with the gazette notification as well before getting the name change court order. This step goes on for some time since the notice has to be published in the Gazette as well as make a communication to the rightful authorities. In order to finalise the official name change process, a proposition must be published in the official Gazette which will allow for easier updating of the relevant paperwork with the public authorities and institutions.
First the receiving of court order and Gazette notification, people can start changing their name on a large number of records and documents that are as follows: driver's licence, passport, Aadhaar card, bank account, educational certificates and any of the related documents. The duration of the process will also be based on the number of records to be amended, and the responsiveness of the relevant government or bodies concerned.
Depending on a number of variables, such as jurisdiction, legal expenses, court fees, publication costs, Gazette notification fees, and administrative charges, the anticipated cost of a name change for an adult in Chandigarh can vary greatly.
Govt normal fees – ₹1300 To ₹1500 (Adult)
Govt tatkal fees – ₹1300
Q1. Do I need to update my name in all my official documents after the name change?
Ans: As soon as your legal name change is finalised, you must alter your name in all relevant official documents, such as identification cards like your PAN card, passport, voter ID, Aadhaar card, bank accounts, and other records. You will need to present proof of your name change when making changes to these records, in the form of the Publication Certificate you obtained from the Department of Publications.
Q2. Can I change my name after marriage in Chandigarh?
Ans: Yes, after getting married, you can change your name in Chandigarh by following the normal process. You will also need to post a notice, create an affidavit, and obtain a court order in addition to having your new name published in the Official Gazette. You might also need to provide a copy of your marriage licence as proof.
Q3. Does changing my name in Chandigarh need me to reach a specific age?
Ans: Yes, in general, a person cannot change their name without their parent's permission if they are younger than 18 years old. Nonetheless, there can be an exemption in situations involving marriage or divorce.
Q4. Can I change my name if I'm not a citizen of the country where I reside?
Ans: Yes, you can typically change your name regardless of your citizenship status, as long as you follow the legal procedures of the country where you reside.
Q5. Is there a fee for changing my name?
Ans: Yes, there may be a fee associated with the name change process, which can vary depending on the jurisdiction and specific requirements.
Q6. Can I change my name for religious reasons?
Ans: Yes, you can change your name for religious reasons, provided that it complies with the legal procedures of your jurisdiction.
Q7. Can I change my name if I'm in the process of bankruptcy?
Ans: The ability to change your name while in bankruptcy may vary depending on the laws of your jurisdiction and the specific circumstances of your bankruptcy case.
Q8. Can I change my name if I'm in the witness protection program?
Ans: Generally, individuals in the witness protection program may have restrictions on changing their names, as their identity is closely managed for security reasons.
Q9. Can I change my name to include special characters or symbols?
Ans: While some jurisdictions may allow certain special characters or symbols in names, it's important to check the specific requirements and limitations in your area.
Q10. Can I change my name if I have outstanding debts or obligations?
Ans: Changing your name does not automatically absolve you of any outstanding debts or obligations. You are still responsible for fulfilling any financial commitments under your previous name.