Nuts & bolts of a name change
Got married recently and contemplating a name change? Vidyalaxmi gives you the lowdown on the legal aspects
WHATS in a name? asked William Shakespeare. A name might not mean much for an individual, but changing it matters. Ask a newly-married woman who would vouch for that. I have been known as Neha Arora for almost 27 years now. Be it in the professional circle or friends, my surname Arora had become my identity. Suddenly, if I have to replace it with my husbands surname Gupta, its difficult to accept, says the Mumbai-based corporate lawyer.
Neha isnt alone to voice such views, as name change gets synonymous with an identity change for some women. Dropping or maintaining the maiden name is a very personal decision, which often has legal and administrative implications. So, lets examine the three possibilities of any woman wanting to maintain her maiden name, change her surname or link her maiden name to surname.
KEEPING THE MAIDEN NAME
According to Hindu Law, by default, the womans name changes and the husbands 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. Today, most women manage with the marriage certificate alone, Mr Jhaveri adds. This could be problematic in cases of family disputes where there are possibilities of the womans identity being questioned. Its always better to have the papers in order.
ADOPTING THE NEW SURNAME
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.
Then the second step would be to 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. Only after you complete the whole procedure, should you proceed with purchase of assets, joint holdings and fair distribution of expenses.
MAIDEN NAME LINKED TO NEW SURNAME
KEEPING THE MAIDEN NAME
The first thing to do in this case is to get a proof of relationship marriage certificate in Nehas case. That would see her through most of the joint investments, says Kartik Jhaveri, a chartered wealth manager and certified financial planner with Transcend India.
According to Hindu Law, by default, the womans name changes and the husbands 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. Today, most women manage with the marriage certificate alone, Mr Jhaveri adds. This could be problematic in cases of family disputes where there are possibilities of the womans identity being questioned. Its always better to have the papers in order.
ADOPTING THE NEW SURNAME
This is a common practice adopted by most married women. In such a case, the logical thing to do would be the marriage registration.
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.
Then the second step would be to 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. Only after you complete the whole procedure, should you proceed with purchase of assets, joint holdings and fair distribution of expenses.
MAIDEN NAME LINKED TO NEW SURNAME
This is a new trend, mostly used by actors and celebrities. Eg: Aishwarya Rai Bachchan. This option is more complicated as the woman has to go through the legal procedure mentioned in case 1 and the entire set of formalities mentioned in case 2.
Its 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 case, its like adopting a new name altogether, says Suresh Gupta, an advocate.
Indian law 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, its better to keep it handy all the time for joint propositions, Mr Gupta adds.