Affidavit for Name Change (Draft)

What Is an Affidavit for Name Change?

An affidavit for name change is a legally sworn written statement in which an individual officially declares their intention to change their name, or describes a discrepancy in how their name appears in different official documents. It is usually executed on stamp paper, signed before a notary, and contains details about the original and new (or disputed) name, the reason for the change or discrepancy, and a declaration that both names refer to the same person.

Why Is Drafting This Affidavit Necessary?

Drafting an affidavit is a crucial legal step in the process of changing or clarifying one's name. It serves several key purposes:

• Legal Recognition: It officially records an individual's declaration regarding the change or clarification of their name, which is necessary for further legal processes.

• Authenticity: The sworn statement under oath acts as proof that the reason for the name change is genuine and not fraudulent.

• Document Consistency: Public and educational institutions, employers, and government bodies require congruence in names across various certificates and documents. The affidavit bridges discrepancies.

• Foundation for Publication: The notarized affidavit is typically required if one wishes to publish a name change in official gazettes or newspapers, fulfilling legal and procedural requirements.

• Future Reference: The affidavit serves as a permanent, legally recognized record for future needs, such as passport application, job recruitment, banking procedures, or property transactions.

When Is an Affidavit for Name Change Required?

• Discrepancies in Official Documents: When an individual’s name appears differently in various documents (for example, in the attached affidavit: "Singh Rohini Sumit" on the matriculation certificate vs. "Rohini Sumit Singh" in other applications).

• After Marriage/Divorce: Commonly used by women adopting their spouse’s surname or reverting to their maiden name.

• Religious Conversion: To declare a new name post-conversion.

• Correcting Spelling Errors: For minor or major changes in the spelling or order of names.

• Adoption or Gender Change: When legal name change is part of such life events.

Importance of the Affidavit in the Name Change Process

1. Legal Validity and Compliance

Most government authorities, educational institutions, and financial organizations in India require a legally attested affidavit before they update their records. The affidavit demonstrates that the name change or clarification is voluntary and based on factual information.

2. Prevents Legal Issues

With a legally valid affidavit, the individual is protected against future allegations of fraud, impersonation, or identity confusion. It acts as documented evidence in court if any dispute regarding the individual’s identity arises.

3. Facilitates Administrative Procedures

The affidavit is accepted by various departments (passport office, banks, schools, pan card offices, etc.) as the basis for updating name records. It is often the first document considered when reconciling identity documents and preventing processing delays.

4. Personal and Professional Impact

A name change affidavit ensures that all achievements, certificates, property ownership records, and identity documents are consistently attributed to the same person, avoiding ambiguity that could otherwise affect career, education, travel, or property matters.

What Does the Draft Contain, and Why Is It Important?

Drafting the affidavit means writing a document in a structured, legally compliant format that clearly states:

• The correct sequence and case (capitalization) of names as they appear in different records.

• The acknowledgement that both versions refer to the same individual.

• A declaration by the person that the information is true and accurate.

• An undertaking that the person will be legally responsible if information is found to be false.

This level of detail and formality is essential because:

• Authorities can match identity records without ambiguity.

• Misinterpretation or future dispute about the person's true identity is prevented.

• The individual assumes legal responsibility for the truthfulness of the statement.

Conclusion

Creating and submitting an affidavit for a name change is not just a formality—it is a critical legal safeguard that protects the identity, rights, and interests of the individual. It ensures transparency, consistency in public records, and adherence to legal and bureaucratic requirements. Without this step, the individual may face continual challenges in proving their identity, especially whenever their name needs to be matched across official documents.