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Sija Thota (-)     11 August 2010

Name change after marriage for ladies

Hello,

I need a clarification regarding name change after marriage for ladies.

I am S. Sija Lakshmi from Tamil nadu. (all my school certificates have my name represented like this only. i.e., S.Sija Lakshmi).

Now, I got married to a person who is from north india. There, they have the concept of "family names"added to their first name.  

My husband's name is  " Siva Thota."

Siva (first name) Thota (family name). They wont use initials.

Now, After marriage, I like to use my name as Sija Lakshmi Thota. ( as per my husband's family traditions.) Legally,  I want my name to be represented like this in all the documents hereafter.(banking, Mutual fund nominees, shares and driving license , passport too).   We have got our marriage registered and have to marriage certificate too. 

Now, as per the law, Can I use my name as " Sija Lakshmi Thota ? Will marriage certificate enough as a proof for name change in all legal documents? Or, Do I need to change it in gazette also?  (if yes, wat is the procedure).

Please help me. 

Thanks & Ragards,

Sija Thota.



Learning

 8 Replies


(Guest)

There are three scenarios and few catch worth mentioning while giving answer to your thread post:-


A. Keeping of MAIDEN NAME scenario    

If one has proof of relationship i.e. marriage certificate then it would see her through most of the joint investments, whereas as per Hindu Law, by default, the woman’s name changes and the husband’s name becomes her second name. So, if the woman wants to maintain her maiden name, then she should apply for the same with a Gazetted Officer. Then it gets published in the newspaper. Now let us see through the disadvantage a marriage certificate alone brings in in such cases i.e. in cases of family disputes where there are possibilities of the woman’s identity being questioned then one gets into disputes / legal cases unintendenly thus it is always better to have all papers in order


B. Adopting the SURNAME scenario  

Many a women post marriage adopt the surname of their husband as common practice. Here what comes as logical thing to do is to keep handy the marriage registration papers.Now, legally, there are two ways to go for the name change. One is to submit a joint notarised Affidavit or a copy of the Official Government Gazette mentioning your new name. Then your husband and you would need to make a joint notarised Affidavit on Stamp Paper, signed by a Magistrate or a Notary. The affidavit also carries a joint photograph of your husband and you. This Notarised Affidavit, along with your marriage certificate, is enough to change your name at the bank, on your passport, on the Permanent Account Number (PAN) and driving licence.


Here is the catch when you take the second step that is when you apply for a new passport. Then there would be a deletion of your name from the old ration card and its addition to the new one. Similarly, you have to apply for a new PAN card with the old number. This would be to avoid duplication of PAN cards. Only after you complete the whole procedure, should you proceed with purchase of assets, joint holdings and fair distribution of expenses as per Law of the land.


C. Maden name LINKED TO NEW SURNAME Scenario   

Well this is a new trend, mostly used by celebrities and empowered women. Eg: Aishwarya Rai Bachchan. This option is more complicated as the woman has to go through the legal procedure mentioned in case A and the entire set of formalities mentioned in case B scenarios.


It’s more difficult than adopting just the new surname because the Hindu Marriage Act anyway changes the name by default. Then, you are just left with some bit of paperwork for the name change. But in this scenario, it’s like adopting a new name altogether, don't you think so !
 

The catch here is that Law of the land permits a woman to make a choice when it comes to their surname. But when it comes to opening a joint account, joint investments or even co-owning a house, the woman may be asked to produce an Affidavit. So, it’s better to keep it handy all the time for joint propositions.


But once you make a decision, there should be uniformity in all documents — be it your passport,PAN, banking papers, or even your investments. It is for you to decide whether you want to play around with your name or leave it where it was. But stick to your decision to avoid unnecessary legal and administrative hassles in the days ot come. If you have reworked your name, then you will have to keep track of all the places where you need to make the changes. Most importantly, without dealing with the possible name change, it is prudent to avoid investments whatsoever.


Now off the records a take from a aam adami: Well those were the good old days when married women used to tattoo their husbnad's name on their forearms; no chakkar of Affidavits and no chakkar of running piller to post for Gazzette Notification and it was a practical plain simple village logics :-)

Arup (UNEMPLOYED)     11 August 2010

Can I use my name as " Sija Lakshmi Thota ?

 - yes, if you want. no problem.

Will marriage certificate enough as a proof for name change in all legal documents?

 - yes; if necessary attach a photo copy of the marriage certificate and / or show the certificate.

Do I need to change it in gazette also?  if yes, wat is the procedure

legal procedure is this that, you have to give an affidevit, in this respect and pubilish it in local news paper.

Arup (UNEMPLOYED)     11 August 2010

you may also use yor maiden name, - that is also legal. but your in laws may not like it.

Sija Thota (-)     11 August 2010

Mr. Arun Kumar and Mr. Arup,

Thank you so much for ur valuable information. It's very helpful for me.

Regards,

Sija Thota.

Self service (None)     11 August 2010

I don't see any problem, just do one thing apply PAN number with new name using affidavit and marriage certificate.

For affidavit check website (NSDL), once you get PAN number with new name just use same as new id for all places.

Sujit Kumar (SSE)     08 May 2013

Hi,

I have a question regarding last/sir name change of my wife after marriage.

I am SUJIT KUMAR son of S. SINGH and my wife name is S.NALINI DASH.

Now my question is can my wife adopt my family sir name like SINGH because I have title as KUMAR but I want  my wife adopt SINGH.

if answer is yes then please explain procedures.

Thanks in advance.

vinay (Manager)     14 December 2014

hi 

what about a graduate after marriage her getting job and surname change

should xth xii th certificates need to be chaned

Madhabi   18 May 2017

I have 2 bank accounts. Account 1 in my maiden surname & Account 2 in my married surname. For the purpose of clarity, its Sally Smith & Sally Jones respectively.

My PAN card is in my maiden surname- Sally Smith.I have submitted my PAN Card copy along with my marriage certificate to both banks.

Question

 1)Since the PAN number is linked to both accounts & the bank No.2(Account holder Sally Jones) deducts tax stating the PAN number having my maiden name(Sally Smith). Can  both the banks accept cheques drawn in my maiden surname Smith  & married surname Jones? Or my unique customer ID can have one surname only? My first name has not changed with my marital status. It is Sally all through.

2) How do I register in all legal documents & accounts that Sally Smith & Sally Jones is the same person by not changing the surname?   


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