Affidavit of Name Change (India)
AFFIDAVIT OF NAME CHANGE
Indian Evidence Act 1872 | Oaths Act 1969
I, [Old Name], aged [Deponent Age] years, Son/Daughter/Wife of [Deponent Parent/Spouse], Occupation: [Deponent Occupation], residing at [Deponent Address], do hereby solemnly affirm and state as follows:
STATEMENT OF FACTS
1. That I was formerly known by the name [Old Name], which appears in my existing official documents.
2. That I have decided to change my name due to: [Reason For Change].
3. That I have adopted and will henceforth be known by the name [New Name] for all purposes — legal, official, social, educational, financial, and personal.
4. That I request all government authorities, courts, banks, educational institutions, and all other persons and organisations to recognise and address me by my new name [New Name] in all future dealings.
5. That I undertake to complete the formalities for publication of this name change in the [Gazette Type] and in two newspapers (one English, one vernacular).
VERIFICATION
I, [Old Name] (now [New Name]), do hereby verify that the contents of paragraphs 1 to 5 above are true and correct to the best of my personal knowledge and belief.
Verified at [Execution City] on [Execution Date].
DEPONENT (Signature)
Former name: [Old Name] New name: [New Name]
Solemnly affirmed before me at [Execution City] on [Execution Date].
NOTARY PUBLIC / OATH COMMISSIONER
Name: _______________________________ Registration No.: _______________________________
Seal:
Deponent
________________
Signature
What Is a Affidavit of Name Change (India)?
An Affidavit of Name Change in India records a sworn statement of fact made by the deponent, affirmed before an authorised officer for use as evidence.
The India Affidavit of Name Change (India) affidavit is the first and foundational step in the standard Indian name change procedure. India does not have a single Name Change Act; instead, the procedure has developed through administrative convention and the Gazette Notification system. The affidavit, along with newspaper advertisements (in one English and one vernacular newspaper), and a Gazette notification (in the Central or State Official Gazette), together constitute the complete legal name change process in India.
Name changes are undertaken for various reasons: after marriage (changing surname), for religious or cultural reasons, to Indianise or modernise a name, to correct errors in documents, after divorce (reverting to birth name), or for personal preference. All these purposes are accommodated by the standard affidavit procedure.
The affidavit must be on non-judicial stamp paper of the applicable state denomination (typically ₹100), attested by a Notary Public. A false affidavit constitutes perjury under Indian law. After completing the Gazette notification, the person can approach various authorities — including Aadhaar UIDAI, PAN Income Tax Department, Passport Seva, bank, and educational boards — to update their records.
The legal framework governing the Affidavit of Name Change (India) in India draws on several key statutes and regulatory bodies. In India, sworn affidavits and statutory declarations are governed by the Oaths Act 1969 and attested by a Notary Public under the Notaries Act 1952 or an Oath Commissioner; their evidentiary value is recognised under the Bharatiya Sakshya Adhiniyam (BSA) 2023. A false statement in an affidavit attracts prosecution for giving false evidence under the Bharatiya Nyaya Sanhita (BNS) 2023, which replaced the Indian Penal Code from 1 July 2024. Parties executing a Affidavit of Name Change (India) in India should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Oaths Act, 1969 sets the foundational requirements.
When Do You Need a Affidavit of Name Change (India)?
You need an Affidavit of Name Change in India whenever you wish to formally and legally change your name, and need to initiate the process to update your name across identity documents and official records.
You need this affidavit if you are changing your name for personal, religious, cultural, or other reasons and wish to confirm the change is legally recognised and accepted by government departments, banks, courts, and institutions.
You need this affidavit after marriage if you wish to adopt a new surname or name beyond what a marriage certificate alone would cover — for example if you are changing your first name or adopting an entirely new name in addition to the surname change.
You need this affidavit if your name was incorrectly recorded in birth documents or other official records, and you wish to standardise your name across all documents going forward.
You need this affidavit as the first document in the Gazette notification procedure — the affidavit must be executed before the newspaper advertisements are published and before the application is submitted to the Gazette publication office.
Parties in India should prepare a Affidavit of Name Change (India) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. In India, sworn affidavits and statutory declarations are governed by the Oaths Act 1969 and attested by a Notary Public under the Notaries Act 1952 or an Oath Commissioner; their evidentiary value is recognised under the Bharatiya Sakshya Adhiniyam (BSA) 2023. A false statement in an affidavit attracts prosecution for giving false evidence under the Bharatiya Nyaya Sanhita (BNS) 2023, which replaced the Indian Penal Code from 1 July 2024. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Affidavit of Name Change (India)
A valid Affidavit of Name Change (India) should contain the following key elements.
Deponent identification: Current (old) full name, age, father's/husband's name, occupation, and complete residential address.
Old name declaration: Clear statement of the full old name as it currently appears in official documents.
New name declaration: Clear statement of the full new name that the deponent has adopted and will henceforth use.
Reason for change: A brief statement of the reason for the name change (optional but helpful for government processing).
Intent declaration: A sworn statement that the deponent has permanently adopted the new name and will use it for all purposes — legal, official, social, and personal.
Request to authorities: A request to all government authorities, courts, banks, institutions, and individuals to recognise the new name.
Verification clause: Standard verification of truthfulness of contents.
Two witnesses: Signatures of two witnesses who know the deponent and can attest to their identity.
Notary attestation: Signature, seal, name, and registration number of the Notary Public.
Stamp paper: Executed on non-judicial stamp paper of the applicable state denomination.
Additional compliance elements for a Affidavit of Name Change (India) used in India include: In India, sworn affidavits and statutory declarations are governed by the Oaths Act 1969 and attested by a Notary Public under the Notaries Act 1952 or an Oath Commissioner; their evidentiary value is recognised under the Bharatiya Sakshya Adhiniyam (BSA) 2023. A false statement in an affidavit attracts prosecution for giving false evidence under the Bharatiya Nyaya Sanhita (BNS) 2023, which replaced the Indian Penal Code from 1 July 2024. Forms-legal.com provides this template as a starting point for India-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Affidavit of Name Change (India) (India) [Legal document template]. Forms Legal. https://forms-legal.com/india/personal/legal-declarations/affidavit-of-name-change-india
"Affidavit of Name Change (India) (India)." Forms Legal, 2026, https://forms-legal.com/india/personal/legal-declarations/affidavit-of-name-change-india.
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year = {2026},
howpublished = {\url{https://forms-legal.com/india/personal/legal-declarations/affidavit-of-name-change-india}},
note = {Free legal document template. Based on Oaths Act, 1969}
}Also available for these jurisdictions:
Frequently Asked Questions
Changing one's name in India is a personal right recognised under the general law of contract and personal liberty. There is no single central statute that exclusively governs name changes for adults; instead, the procedure has developed through administrative practice, High Court rules, and the conventions of the Gazette Notification system. The standard name change procedure in India involves three steps: (1) Affidavit, (2) Newspaper advertisements, and (3) Gazette notification. Step 1 — Affidavit: The person seeking to change their name (the deponent) executes an affidavit before a Notary Public or First Class Judicial Magistrate, declaring that they have adopted the new name and will henceforth be known by the new name. The affidavit must be on non-judicial stamp paper of the applicable denomination (typically ₹10–₹100 depending on state) and attested by a Notary Public. Step 2 — Newspaper advertisement: Two newspaper advertisements are published — one in an English language newspaper of wide circulation and one in a regional language (vernacular) newspaper of the area where the person resides. The advertisements announce the name change and put the public on notice. Copies of the published newspapers are retained as evidence. Step 3 — Gazette notification: The affidavit and newspaper cuttings are submitted to the Department of Publication (for Central Gazette) or the State Government Gazette office, along with the prescribed form and fees.
The sufficiency of an affidavit alone (without a Gazette notification) for a name change in India depends on the specific authority or institution being approached, and the purpose for which the name change is sought. For many administrative purposes, a notarised affidavit of name change — supported by newspaper advertisements — is accepted as sufficient proof of name change. For example, many private employers, educational institutions, and private banks accept an affidavit and newspaper advertisements to update records. Some states' sub-registrar offices accept an affidavit for updating names in revenue records. However, for Central Government documents, a Gazette notification provides the strongest and most universally accepted evidence. Specifically: (a) the Ministry of External Affairs' Passport Seva Programme requires a Gazette notification published in the Official Gazette of India for name changes in passports; (b) Central government employment records require Gazette notification; (c) educational boards such as CBSE and state boards typically require Gazette notification for name corrections in marksheets and certificates; and (d) PAN card name corrections with the Income Tax Department require a Gazette notification or court order for major name changes. For minor corrections (e.g. spelling mistakes), some authorities accept supporting documentation without requiring a full Gazette notification.
In India, a married woman has the option to adopt her husband's surname or a new name after marriage. The legal and administrative treatment of a post-marriage name change is somewhat more flexible than other name changes, and in many cases a full Gazette notification is not required. For passport purposes, the Ministry of External Affairs accepts a marriage certificate as proof of change in surname after marriage — a Gazette notification is not required. The Passport Rules 1980 and the Passport Seva Programme guidelines specifically allow name change in passports on submission of the original marriage certificate. The woman may apply for a new passport or endorsement using the marriage certificate as proof of change in surname. For Aadhaar update after marriage name change, UIDAI accepts a marriage certificate as an accepted name change supporting document. For PAN card update after marriage, the Income Tax Department also accepts a marriage certificate for surname change. For electoral roll updates, a marriage certificate is accepted by the Election Commission. However, if the woman is not merely adding her husband's surname but is changing her entire first name or both names after marriage (not simply adopting a new surname), the full name change procedure — affidavit, newspaper advertisements, and Gazette notification — would be required for central government identity documents. For social and private purposes — updating names with employers, banks, and educational institutions — a marriage certificate is virtually always sufficient.
A Affidavit of Name Change (India) does not legally require a lawyer in India, and individuals and businesses may draft and execute the document independently. The Oaths Act, 1969 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified India lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The civil and criminal courts of competent jurisdiction in India deal with disputes or offences arising in connection with this type of document. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
A Affidavit of Name Change (India) does not legally require a lawyer in India, though legal advice is recommended. Under Indian law, the Indian Contract Act 1872 governs agreements. The Information Technology Act 2000 governs electronic contracts and data protection. The Consumer Protection Act 2019 provides consumer rights. The Income Tax Act 1961 requires tax compliance. Forms-legal.com provides this template as a starting point — always review with a qualified Indian advocate for significant transactions. Under India law, the Oaths Act, 1969 applies, and parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Forms-legal.com provides this template as a starting point for India-compliant documentation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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