Name change procedure for oci card holders

Querist : Anonymous (Querist) 30 November 2020 This query is : Resolved
RE: Request for information regarding name change procedure for OCI card holders

I, Sreekumar G, from Cochin, Kerala and an Overseas Citizen of India and presently residing in Spain.

According to Spanish law and tradition, it was mandatory to change my surnames to my parents' surnames when I became a Spanish citizen.

In India, I haven't changed my name, so I'd like to change my new surnames.

These are my questions:

1. Can an Indian (an OCI card holder) who has their own overseas citizenship changed their name in the Gazette in India?

2. Could you guide me as to how I should proceed with that name change in India?

3. Is there any application available for Non-resident Indian (NRI) to get their name change published in the central gazette? If yes, kindly send to me by email.

My previous name was recorded on all of my official records in India (such as pan card, bank accounts, Aadhar card and birth certificate, my school and university academic Records and property title documents in India)

I am writing to you because I have not received a proper reply to my letter from any lawyers and even those who specialize in immigration.

Thank you in advance for your time and attention to this matter and I await your valuable advice.

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Quick Summary

This discussion addresses the process for Overseas Citizens of India (OCI) card holders to change their name in India, particularly for those who have acquired foreign citizenship. It clarifies that while there's no specific Indian law for name changes, established procedures like gazette notification can be followed. The advice suggests consulting the CKGS website, seeking assistance from legal professionals, and obtaining necessary approvals from municipal authorities before publishing the change.

Guest (Expert) 01 December 2020
You should follow the Process defined in the CKGS website for OCI card holders with Miscellaneous Services at http/www.in ckgs.us and they would guide you.

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Querist : Anonymous (Querist) 01 December 2020
I am not a u.s. citizen.

Isaac Gabriel (Expert) 01 December 2020
Your passport cotains the name of your father which is the proof. Based on this you can do the change wherever necessary.

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P. Venu (Expert) 01 December 2020
There is no law in India as to name change. What is being followed (in paper publication, Gazette notification) are only procedures. You may also resort the same procedure and subsequently apply for Spanish citizenship.

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Querist : Anonymous (Querist) 01 December 2020
Waiting for more advice from different lawyers

Dr J C Vashista (Expert) 02 December 2020
Since you have already acquired Spanish citizenship, Indian laws can not apply in your case.

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Querist : Anonymous (Querist) 02 December 2020
Waiting for more advice from different lawyers

Querist : Anonymous (Querist) 06 December 2020
Still haven't received the correct answer!!!!!

Anil Satyagraha (Expert) 26 December 2020
Kind Attn: Sreekumar G, from Cochin, Kerala and an Overseas Citizen of India and presently residing in Spain

Here is the point by point reply to your queries:

1. Can an Indian (an OCI card holder) who has their own overseas citizenship changed their name in the Gazette in India?
Yes. The procedure to be following would be to also avaiable from the Indian Embassy who might an ombudsman service for OCI Card Holders.

2. Could you guide me as to how I should proceed with that name change in India?
Name Change Process in India
[Step 1] File an application for Name Change in the respective municipality that maintains details of Persons (Birth, Death Certificate). In this regard, obtain a list of Attorneys, Lawyer in the particular area.
Since you are using the help of a professional, kindly expect to defray the cost and expenses to the respective professional for the services rendered.

[Step 2] In case, the Municipal Authorities accord the name change, then you might be required to publish the same in the local / daily newspapers

[Step 3] In case, the Municipal Authorities do NOT accord the name change, then the respective lawyer whom you have taken services would help initiate and obtain a Court Order or direction praying for the relief that you are seeking.

3. Is there any application available for Non-resident Indian (NRI) to get their name change published in the central gazette? If yes, kindly send to me by email.
Once you get your name change approval from the respective authorithies, then the corollary action would including publishing in the appropriate gazette or any other officially recognized forum.

My previous name was recorded on all of my official records in India (such as pan card, bank accounts, Aadhar card and birth certificate, my school and university academic Records and property title documents in India)

Once you get your name change approval from the respective authorithies, then the corollary action would including publishing in the appropriate gazette or any other officially recognized forum.
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Now, regarding the comment "I am writing to you because I have not received a proper reply to my letter from any lawyers and even those who specialize in immigration."

Here is the most appropriate proper response. Please take the efforts to take the services of a good laywer in the area of your concern.

Get an agreement to compensate for the effort which would have time and material cost for the effort. As part of the agreement, you may want to include the Scope, Schedule and Cost for the "Name Change" et seq.

Hope this helps !!!

~Anil (Advocate)

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