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How To Draft An Affidavit To Change Name?

Affidavit To Change A Name


A person's identification depends upon his name. Though a name doesn't define a person's personality, it sure gives identification. You surely have experienced it many times. Whenever you meet someone for the first time, the first question, mostly, is 'What is your name?'. Whenever you fill in a form, the first question again is regarding your name. All your transactions and any legal proceeding are done under your name. Therefore, it can be easily concluded that name provides you an identity, especially in the legal world. So, what if you want to change your name? There can be many circumstances under which you may wish to change your name. It may be due to marriage or some other situation. A proper legal format is followed in order to change a name. An affidavit to change the name is drafted. Discussed below is how you can draft this affidavit.
This affidavit to change the name is generally needed whenever someone wants to verify that your name has been changed to proper format. This affidavit is especially needed while obtaining a passport, applying for a visa, applying for a job or dealing with a company or any legal proceeding. It is evidence, a legal evidence of your identity. Therefore, this document is specifically an essential document and hence should be drafted carefully.
Now, it's obvious that affidavit should contain your previous and new name, clearly stating both. This affidavit is drafted on a non-judicial stamp paper. Your residence, as well as your occupation, is to be mentioned clearly. The affidavit should be written in the form of points. But before points, it should contain the above-stated essentials.
  • The first point should be a personal undertaking where you agree on the fact that you are changing your name and, therefore, abandoning your previous name completely. You agree to the fact that from the date mentioned in the affidavit you will be legally identified from your new name.
  • The second point then should be an undertaking where you agree to the fact that from the mentioned date you will conduct all your dealings and transactions under your new name. All the legal proceedings whether personal or whatsoever in nature should be conducted under your new name.
  • The third point should be an undertaking where you request everyone including your relatives and friends to address you with your new name.
  • The fourth and the last point then should be an undertaking where you mention that under a witness you adopt your new name. Also affixing your signature and seal(if any).
All these points should be written in a form of undertaking and hence, should include your new name. At the end, mention the date, former name and new name along with witness' particulars. You then need to put up an advertisement in two reputed newspapers. One should be the area of your present residence and one should be the area of your permanent residence. These newspapers (original copies) should then be preserved by you. They are needed to be produced at the time of applying for a passport.
The affidavit is also to be signed and attested in the presence of a Magistrate (judicial or executive).Seeing the importance of the document, it should be carefully drafted. Legal advice is suggested. The document should preferably be drafted by a lawyer. We, at LegalRaasta, can help you draft an affidavit regarding name change.

This article has been contributed by Simmi Setia, Content Writer at LegalRaasta, an online portal for GST Software, GST Return Filing, GST Registration, Section 8 Company Registration, Nidhi Company Registration, IEC Registration, Fssai License, File ITR Online.

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