Name Change.

Querist :
Anonymous
(Querist) 11 February 2011
This query is : Resolved
Sir/s,
I grew up using my father's surname but after I was married (court) I started using my husband's name SOMETIMES without legally changing it. So inspite of having no change of name documents, my name was registered under the married name in my husband's office (Central Govt), my 3 children's Birth Certificates and one bank a/c.
My husband passed away in Nov 2009 and I started receiving pension under the same married name. But I reverted back to using my maiden name once again without doing any name change. My Matriculation Cert, SBI Bank A/c, PAN card, Postal ID and lease agreement of my house is in my maiden name.
My question is, Can I apply for passport. If so, under which name. Will it be a problem for applying for children's passport? Do I have to legally change my name?
Thank you.
A V Vishal
(Expert) 11 February 2011
Please use the same name for all purposes. Using various permutation & combinations will put you in unnecessary trouble. Further, you can apply with your maiden name or the name (which includes your husband's surname)in case of latter you have to give an affidavit and a notice in atleast 2 largely circulated newspapers one in english and the other in the local language in the area where you reside, while applying for the passport.

Querist :
Anonymous
(Querist) 11 February 2011
Thank you Sir.
I am in dilemma as to what should be written in the affidavit.
Should I have to write that Geraldine Swer (married name) changes her name to Geraldine Steinherr Nongrum (maiden name)?
Also, please help me understand where this affidavit needs to be filed. I was living in Guwahati(Assam), but for the past 1 year have been residing in Chennai and intend to reside here permanently and also apply for passport from here.
In the passport application form there is a column asking "Were you known by any other name" Would I have to fill that up?
Ashok Yadav
(Expert) 11 February 2011
If u want to continue your maiden name, you can do it there will no problem in future. Use of husbands sir name is not compulsory. It will better to use your maiden name if u does it then there will no need to give any affidavit or notice in news papers. need not to fill up the column "were you known by any other name"
A V Vishal
(Expert) 11 February 2011
My advise would be don't hide anything in the passport application which may cause problem in future. Fill all the columns truthfully and apply for the passport and further if you want to use your married name as suggested by my give an affidavit and paper notification and it will save you a lot of headache in future.
Government of India
Ministry of External Affairs
CPV Division, Delhi
ANNEXURE ‘E’
SPECIMEN AFFIDAVIT FOR CHANGE IN NAME/DEED POLL/SWORN AFFIDAVIT
(On non-judicial stamp paper)
By this deed I, the undersigned……………….(New Name) previously called ………………. (Old name), doing……………………(give profession or vocation) and resident of …………………………(address) solemnly declare:-
1. That for and on behalf of myself and children and remitter issue wholly renounce/relinquish and abandon the use of my former name/surname of ……………………….and in place thereof I do hereby assume from this date the name/surname ……. and so that I and my and remitter issue may hereafter be called, known and distinguished not by my former name/surname, but assumed name/surname of ………………………
2. That for the purpose of evidencing such my determination declare that I shall at all times hereafter in all records, deeds and writings and in all proceedings, dealings and transactions, private as well as upon all occasions whatsoever use and sign the name of …….. as my name/surname in place and in substitution of my former name/surname.
3. That I expressly authorize and request all persons in general and relatives and friends in particular, at all times hereafter to designate and address me, my wife, my children, remitter issue by such assumed name/surname of …………………..accordingly.
4. In witness whereof I have hereunto subscribed my former and adopted name/surname of ………….. and ……… affix my signature and seal, if any, this ………………….. day of …………..
Signed sealed and delivered by the above name
Former name……………
Date……
In the presence of:
Name……………….. Name ………………….
Address……………. Address ………………..
(This deed poll/affidavit may be signed and attested in presence of a Magistrate/Notary or Consular Officer in an Indian Mission abroad)
Note: In case of change of name, applicant should insert advertisements in two reputed newspapers (one local newspaper of the area in which he/she is residing and 2nd in newspaper of the area of permanent address) and submit original newspapers at time of applying for passport in his/her new name.

Querist :
Anonymous
(Querist) 12 February 2011
Thank You Sir A.V.Vishal.
I have understood what you explained in your reply, but my problem is actually the fact that- I am using my maiden name at present and am comfortable using it for passport or whatever reasons.
The trouble is that I used my married surname in my children's birth certificate. Will it be a problem if they want to apply for passport while still minors?
I have got an affidavit which states that Geraldine Swer and Geraldine Steinherr Nongrum are one and the same person. Is that enough?
Could you please help me to locate a lawyer in Chennai so that I could present my problems and papers?
Thank you again.