If you are stuck in such a situation, here is what to do.

A young man, let’s call him Rohan Kumar, is facing a common yet significant issue. His name on all his academic records, from his 10th-grade certificate to his current college documents, is listed as “Rohan Kumar.” While he has a family surname, “Sharma,” it was never officially recorded on these documents. Now, as he plans to pursue higher education in a foreign country, he realises the importance of having a proper surname. Many international universities and visa applications are structured for a First Name + Last Name format, and without a surname, his name might be recorded as “Rohan Kumar LNU” (Last Name Unknown), which could cause significant administrative and identity-related problems in the future. He is anxious to get his name corrected to “Rohan Kumar Sharma” on his final degree certificate and other official IDs.

Advice in such cases

Adding or changing a name, including adding a surname, is a well-defined legal and administrative process in India. It is not as daunting as it may seem, provided you follow the correct steps. The process is designed to create an official record of your new name, which then serves as the basis for updating it on all other documents.

• The primary procedure involves three key steps: creating an affidavit, publishing the change in newspapers, and notifying the change in the Gazette of India.
• Once you have the Gazette notification, it acts as the ultimate proof of your name change. You can use this document to request changes in all other records, such as your Passport, Aadhaar Card, PAN Card, and educational certificates.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

The procedure for a name change is not governed by a single specific act of Parliament but is an established administrative process. The authority for this comes from the general rights of an individual to an identity, which is considered a part of the Right to Life and Personal Liberty under Article 21 of the Constitution of India. The process itself is managed by the Department of Publication, under the Ministry of Housing and Urban Affairs, which lays down the guidelines for Gazette notification. For any potential fraudulent activity associated with a name change, provisions under the Bharatiya Nyaya Sanhita (BNS) could be invoked, but for a legitimate change, the process is purely civil and administrative.

If you are the complainant

If you are the one initiating the name change, you are the “complainant” or applicant in this process. Here is what you need to do:

• Step 1: Create an Affidavit: The first step is to get an affidavit prepared. This document should be made before a Notary Public or a Judicial Magistrate. The affidavit must clearly state your old name, your new name, your address, and declare that you will henceforth be known by your new name.
• Step 2: Newspaper Publication: After the affidavit is notarized, you must publish an advertisement about your name change in two newspapers – one local daily newspaper in the official language of your state and one national English daily newspaper. This serves as a public declaration of your name change.
• Step 3: Gazette Notification: This is the most crucial step. You need to apply to the Department of Publication for publishing your name change in the Gazette of India. This requires submitting the original affidavit, copies of the newspaper advertisements, a prescribed application form, photographs, and the requisite fee.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

In this scenario, you might feel like a “victim” of bureaucratic processes and past oversights that led to an incomplete name on your documents. The challenge often lies in dealing with various government bodies and educational institutions that may be rigid about their procedures. You may face resistance from your university or school board when you request a change on certificates already issued.

• Your strongest tool against this is the Gazette Notification. It is a legally binding document that all government and private bodies must accept as proof of your name change.
• If an institution refuses to update your records even after you provide the Gazette notification, you may need to send them a legal notice.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

The police have no role in the standard, legitimate process of changing or adding a name. This is a purely civil and administrative matter. You do not need to report to a police station or get any kind of police verification for this purpose. Police involvement would only arise if there is a suspicion that the name change is being done for fraudulent purposes, such as to escape from criminal liability, cheat someone, or forge documents for illegal gains. In a straightforward case like adding a surname for academic or professional reasons, the police are not involved at any stage.

FAQs people normally have

What evidence is required?

To complete the name change process, especially for the Gazette notification, you will need a set of documents. The primary evidence you must gather includes:

• A sworn affidavit for the name change, duly notarized.
• Original clippings of the newspaper advertisements announcing the name change.
• The prescribed application form (proforma) for the Gazette publication, filled out and signed by you and two witnesses.
• A soft copy (on a CD) of the application content.
• Two recent passport-sized photographs.
• A valid photo ID proof (like an Aadhaar card, Voter ID, or Passport).
• A covering letter addressed to the Controller of Publication.

How long will the investigation take?

It is important to understand that this is a “process” rather than an “investigation.” There is no investigation by any agency unless fraud is suspected. The timeline for the administrative process can vary. Preparing the affidavit and publishing it in newspapers can be done within a week. The main waiting period is for the Gazette notification. After you submit your application to the Department of Publication, it can take anywhere from 1 to 3 months for your name change to be published in the official Gazette. Once published, you can download the e-Gazette and use it as official proof.

Advocate Sudhir Rao, Supreme Court of India