Drawbacks Of Not Doing It Legally

• Not Always Accepted/ Inaccessibility Of Records : If a person opts to change his/her name, but does so inefficiently or not through the properly prescribed channels, then some records may not get updated with their new name because certain government offices, PSU’s and banks require an Official name change via the stipulated process as notified from time to time. If a name change isn’t done legally, then you will find it really difficult to change your name on other important documents which will lead to inaccessibility of records.
• Fraud : A person might be liable to commit fraud by not changing their name legally because a person may change their name with the intention to evade an existing loan or creditor. A person might also change their name illegally with the intention to avail something by committing fraud and later reverting back to their original name. Something similar to that of a ghost identity which comes under ghosting.
• Real-Estate Transactions : The purchase and sale of property is a hassle in India considering the number of cases where especially buyers are duped because of identity-related issues. In order to avoid such complications while purchasing a property, it’s always better to get your name changed officially. Even if you leave a property in the name of your wife and she adopts the husband’s name after marriage, or vice-versa, and her name change wasn’t done legally, then the entitled party may not be able to inherit such property or real-estate.
• Availing Loans : Let’s say Mr. Z has changed his name to Mr. A, but he hasn’t done so legally. Now, Mr. A (in his new name) borrows money from Mrs. B (or a bank) and to do so, he must be able to prove his identity for verification and security purposes. If he transacts using his new name, his loan will be rejected and creditworthiness will decline because some parties might not believe Mr. A to be Mr. Z’s true identity.
• Remittances And Taxes : A person may not be able to get his or her payments (from salary or otherwise) or pay taxes because of an illegal change in name. Access to bank accounts will be limited or restricted and to change company records will be a hassle when changing your name inefficiently or illegally.

Central Gazette Notification Over State

• As mentioned earlier, Gazette publication isn’t a compulsion, but it is recommended for non-government employees as well. Gazette publication of name change is essential in KYC forms and so on. It is important to note that a Central Gazette notification is preferred over a State Gazette notification because the former has a uniform application procedure and holds a better recognition across India. State Gazettes have variations in their application and publication of name changes, and few States only publish the notifications of Public Sector employees. In such cases, private employees that require a name change are given an endorsement stating their non-publishing in State Gazette. These endorsements are sometimes denied service or validation because some Government offices or agencies may not accept the same for making changes in a person’s name.
• The Central Gazette is published online and can be viewed at egazette.nic.in, and the Gazette notification process should also be digitized because it still takes two months at least for a notification to get published. Backlogs and manual processing are also the reasons responsible for the lengthy duration it takes to get a notification published.

Central Gazette Notification Over State

• Changing one’s name is a long and tedious process and has certain legal obligations that need to be followed. The primary reason for the requirements that entail the process of a name change is to ensure that when you change your name, you do so with bonafide intentions, and you are not likely to cause any misrepresentation or fraud before other parties or authorities. The procedure for Gazette notification is riddled with obscurities for most people and the main cause for this may be attributed to the complex steps involved in getting a simple name change published in the Gazette of India. But, irrespective of the process itself (which sometimes takes up to two months), the pro’s outweigh the con’s when it comes to taking the official route for a name change in its entirety.
• The process also requires some amount of legwork to get things in place, like the affidavit and documents that need to be drafted, then printed on stamp paper and so forth. Some of the disadvantages associated with the name change process in India is finding stamp vendors, drafting the affidavit and deciding the content of the affidavit, which is why Documents Advisory / H.K. Associates gives you, in Kevin O’Leary’s words, ‘the better way’.

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