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Jeslin (Managr)     30 September 2015

Childs surname change after she attains 18 years of age

Dear Sir / Madam,

I wanted to know if my daughter who is attaining 18 years very soon, can change her surname and use my ( mother's) name. I ,a Hindu was married to a Muslim and our Divorce came through in 2007, issued by Mumbai Family Court. In the consent terms, my Ex made a note that our daughter should not change her name or Religion. Then, she was 10 years old and now will turn 18 in a month.  I abided by the term as mentioned but now am keen and so is my daughter  to have all her documents like Passport, PAN card, and other identities bear my surname.

Note, my Ex does have visitiation rights but my daughter always finds execuses not to go to his residence.

While changing her surname, do i have to inform my Ex ? If i do, it is going to be an unpleasant episode, which i dont want.

Can you please advise on how i should proceed with this and what is the process to be followed ?





 6 Replies

G.L.N. Prasad (Retired employee.)     01 October 2015

But care should be taken that it will not reflect on Birth certificate and educational qualifications, as the process of changing name through gazette publication is a tedious process.

Finally "what is in a name"?

1 Like

Adv k . mahesh (advocate)     01 October 2015

here not only surname is changed some what if i am not wrong you want to change religion

as for change of name following steps has to be followed and lot of offices work for this purpose also

  • Please advertise change of name in one of the daily local leading newspaper stating therein father’s/Husband’s name along with residential address. Most of NEWSPAPER advertising agencies have standard format with them.
  • You need an affidavit duly attested by first class Magistrate/Notary/Oath Commissioner showing therein full details of father’s/husband’s name along with residential address before taking oath in the affidavit . In case of individuals working with Central Govt. they may submit deed for change of name in accordance with the Ministry of Home Affairs O.M. No. - 190016/1/87-Estt. Dated 12.03.1987. In case of Indians, living abroad, he/she will submit deed duly attested by the respective Indian Embassy/Indian High Commission, in original to this Department.
  • You need to write your personal details (old name, new name, Father’s name, permanent address and the name of your employer on a blank sheet of paper). Which must be signed by you in presence of two witnesses and witnesses also need to sign on the same paper.
  • After completing aforesaid formalities you need to send all these documents to “Controller of Publication, Department of Publication, of your State or you can visit the department in person. Here is the list of documents which you need to send, the original advertisement published in the newspaper, original declaration statement, attested affidavit and 2 passport size photographs & the Printing fee of gazette.
  • Within a month you will get the official copy of Gazette which will be proof of your new identity. Note: The documents submitted in Department will not be returned in any circumstances, neither original nor Xerox copy.
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prabhakar advocate (advocate)     01 October 2015

A well detailed procedure by Adv. Mahesh is there for your guidance.  But, only one miseconception, I want to dispel in your query.  Now the daughter has crossed 18 years, she is a major.  She is absolutely independent to choose whatever religion she adopts or whatever name she adores.  She can do that  without bothering whatever agreement reached between her mother and father in MCD when she was minor.  No, she need not take her father's consent to change her name and religion.

1 Like

Jeslin (Managr)     01 October 2015

Many thanks for such a prompt response. Really appreciate it .

Just one more query - Do you suggest i take the services of a lawyer to complete the name changing process ?



prabhakar advocate (advocate)     02 October 2015

Yes. That will save you a lot of trouble physically and mentally.

Dr J C Vashista (Advocate)     03 October 2015

Well advised by experts, I agree and appreciate.

However, change of surname and religion mayl create trouble for your daughter while applying for a passport, if her marriage proposal went through smoothly.

Best wishes

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