Court
Handled by Advocate N. J. Parmar, B.A., LL.B., more than thirty-five years at the Bar. Court practice and notaryship run together: under section 3 of the Notaries Act, 1952 read with Rule 3 of the Notaries Rules, 1956, notaries are appointed from among advocates of long standing, and the application is routed through the court where the advocate practises.
First, work out which problem you have
If your name genuinely is changing — after marriage, after divorce, or by choice — that is a name change affidavit, normally followed by newspaper publication and a Gazette notification.
If nothing is changing and the same person simply appears with different spellings across documents, that is a one and the same person affidavit — nothing is being changed, both versions are being identified as you. People routinely start an unnecessary name change because nobody drew the distinction.
The usual route
- An affidavit setting out the old name, the new name and the reason
- Publication in newspapers
- Gazette notification — Gujarat has a State e-Gazette, and there is the Central Gazette
- Updating the individual records: Aadhaar, PAN, passport, bank, school and board records, RTO, EPFO
Gazette applications for Gujarat are handled by our associated practice at the same address.
Where a court petition is needed
Most name changes do not require a court order. A petition becomes relevant where an authority specifically requires one, where a record cannot be corrected administratively and the office has refused, or where the change is bound up with a status question. Where a school or board record is the obstacle, the answer is frequently an administrative correction supported by affidavits rather than litigation — and you will be told which applies before anything is filed.
A change to a minor's name is made by the parents or guardian, with both parents' involvement expected. And a change of name connected with a change of religion engages a separate statutory process in Gujarat — that must be discussed before anything is drafted.
Where a claim is time-barred, where the document relied on was never registered and therefore cannot be received in evidence of the transaction under section 49 of the Registration Act, 1908, or where the realistic recovery is less than the cost of recovering it — you will be told at the first meeting, not after money has been spent. A settlement reached quickly is very often worth more than a decree obtained slowly.
What to bring
- Every document showing the current name, with the variations
- Birth certificate and school leaving certificate
- Marriage or divorce papers where the change follows one
- Photo ID and address proof
- Anything the authority has told you it requires, in writing