Why Non-Judicial Stamp Paper is Required for Drafting the Name Change Affidavit

January 20, 2025

Non Judicial Stamp Paper for Drafting Name Change Affidavit

January 20, 2025

Changing your name involves a structured legal process in India, and a crucial step in this process is drafting a name change affidavit. One of the essential components of this affidavit is the use of non-judicial stamp paper. This article explores the importance of non-judicial stamp paper in drafting a name change affidavit and the legal significance it holds.

What is a Non-Judicial Stamp Paper?

Non-judicial stamp paper is a type of legal stationery issued by the government, used for executing various legal documents. Unlike judicial stamp papers, which are used in court-related matters, non-judicial stamp papers are used for non-litigious purposes such as affidavits, agreements, and declarations.

The denomination of the stamp paper indicates the value of the stamp duty paid to the government for making the document legally valid.

What is a Name Change Affidavit?

A name change affidavit is a sworn statement declaring an individual’s intention to change their name. This affidavit typically includes:

The current name of the individual.
The new name they wish to adopt.
The reason for the name change.
Other details such as address and supporting declarations.

This document is a critical legal step in the name change process, as it serves as the primary proof of the change and is required for updating identification documents like a passport, Aadhaar card, or PAN card.

Why is Non-Judicial Stamp Paper Required?

1. Legal Validity

Using non-judicial stamp paper ensures that the affidavit is legally valid and recognized by government authorities. Without the stamp paper, the affidavit may not be accepted as a legally binding document.

2. Payment of Stamp Duty

Stamp duty is a form of tax levied by the government on legal documents. By using non-judicial stamp paper, the individual pays this tax, making the affidavit legally enforceable. The value of the stamp paper varies by state and purpose.

3. Prevents Fraudulent Declarations

Non-judicial stamp papers include anti-fraud measures such as unique serial numbers and watermarks. These features reduce the likelihood of tampering or forgery, ensuring the authenticity of the affidavit.

4. Compliance with Legal Requirements

In India, affidavits without stamp duty payment are often considered incomplete or invalid by legal and administrative authorities. Using non-judicial stamp paper ensures compliance with statutory regulations, enabling smooth processing of the name change application.

5. Universally Accepted Format

Documents executed on non-judicial stamp paper are widely accepted by government bodies, financial institutions, and other organizations. This uniformity simplifies the process of updating records after a name change.

How to Draft a Name Change Affidavit on Non-Judicial Stamp Paper?

Here is a step-by-step guide to drafting a name change affidavit:

1. Purchase the Stamp Paper

Visit an authorized vendor to purchase a non-judicial stamp paper of the required denomination.
The denomination depends on the state’s regulations, but typically ranges between ₹10 and ₹100.

2. Draft the Affidavit

Prepare the affidavit by including the following details:

Full name (current and new).
Address and contact information.
Reason for the name change.
Declaration affirming the truthfulness of the information.

3. Get the Affidavit Notarized

Once the affidavit is drafted, it must be signed in the presence of a notary public. The notary verifies the identity of the individual and affixes a seal and signature to validate the document.

Common Use Cases of Name Change Affidavits

After preparing the name change affidavit, it is used in the following situations:

Updating official records: Passport, Aadhaar, PAN card, voter ID, etc.
Publishing in newspapers: Most states require the name change to be published in two newspapers—one in English and one in the local language.
Gazette notification: Finalizing the process through publication in the official state or central gazette.

Legal Consequences of Not Using Non-Judicial Stamp Paper

If a name change affidavit is not executed on non-judicial stamp paper:

It may be deemed invalid by authorities.
Applications for name updates in official records may be rejected.
The individual may face delays or additional legal procedures.

Conclusion

Non-judicial stamp paper is an indispensable component of the name change affidavit, ensuring its legal validity, compliance, and authenticity. By adhering to this requirement, individuals can seamlessly navigate the name change process and avoid potential legal or administrative hurdles.

Written by Dhaval Singh

Durga Devi

Drafting Name Change, Name Change, Name Change Affidavit, Non Judicial Stamp Paper for Drafting Name Change Affidavit, Non-Judicial Stamp Paper, stamp paper

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