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Surname- any legal document

(Querist) 10 June 2022 This query is : Resolved 
Hi , I stay in Sweden. In my daughters passport surname is missed which is creating a problem in documentation here in Sweden. I am in the process of adding her Surname through Indian embassy when renewing the passport.
As rule of law for surname or last name is different here.
So I appeal to the agency here to add my name as Surname in passport document.
Is there any rule of law which says different options like fathers name or family name or town name of born can be given as suname. This will help me to Appeal here in the system.
Need your kind suggestion of any rule book i as we are more excepetion not having surname instead use fathers name as surname,
Quick Summary
A parent in Sweden is facing issues with their daughter's Indian passport missing a surname, which is causing problems with Swedish documentation. They are seeking advice on how to add a surname, exploring options like using the father's name or family name, and whether there are specific legal rules in India that allow for such flexibility. The discussion suggests that in India, name changes typically require a gazette notification, but also highlights that the choice of surname is largely a matter of personal or parental preference rather than strict law, with customs playing a role. It's advised to check Swedish regulations and consult local authorities or the Indian embassy for guidance.

kavksatyanarayana (Expert) 11 June 2022
How did you add your daughter's name to school/college records and what is the name in your daughter's Aadhar Card? In India, you have to get a gazette notification for adding a name to the original name. Ask in the passport office in Sweden is it sufficient to give a notarized affidavit on oath by you and your daughter?
Dr J C Vashista (Expert) 12 June 2022
Well advised by expert Mr. Kavk Satyanarayana, I endorse the same.
In India you are required to publish gazette for any addition, amendment or change of name of a person.
Find out Swedish rules on the subject from local authorities / lawyer / embassy.
P. Venu (Expert) 16 June 2022
In India, there is law as to name or surname. It is a matter of choice for the person/parents. Though there are customs and usages prevalent in the respective community/locality, they are of no force of law.

As to change of name, there are prescribed procedures. But these too are of more of a protocol than a statutory procedure.

Please see Supreme Court Judgment https://indiankanoon.org/doc/197118409/ for an exhaustive discussion.
Dr J C Vashista (Expert) 17 June 2022
A historical judgment on the subject.


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