Legal Doc Change

Information compiled by volunteer – Aakash Nandi. Contact TWEET Foundation for any further clarifications by writing to us at tweetfoundation@gmail.com

The overall process for Legal document changes may differ across various states, we have tried to compile the broad steps to be followed for the same :

STEP 1 (Affidavit)

  • Make a name and gender change affidavit. Approach Alternative Law Forum in your city or any LGBT friendly advocate or groups for the format. Tweet Foundation can be approached for to get the contacts of such lawyers.

Generally mentioned details are:

  • Old Name
  • New Name
  • Fathers name
  • Address
  • Reason for Change

Refer to Annexure 1 for sample affidavit format

  • Get the affidavit notarized by a notary public with a recent photo on it. Please do not forget to attach your photo in affidavit because that is required to update ID changes

 

STEP 2 (Medical Documents)

The below medical documents are required:

  • Ask your psychiatrist for GID (Gender Identity Disorder)/GD (Gender Dysphoria) letter.
  • Ask your endocrinologist for HRT (Hormone Replacement Therapy) initiation letter (if applicable)
  • If there are any surgery documents that adds value to the whole scenario.

 

STEP 3 (Newspaper Advertisement)

Publish name change advertisement in two newspapers (1 national and one regional)

  • In Bangalore, The New Indian Express (national) and Samyukta Karnataka (local) together costs approximately INR 1050. They accept affidavit, GID and HRT initiation letter as proof.
  • In Hindu (http://thehinduads.com/) online ad can be booked. They cost approximately INR 1500 and do not ask for proofs. If required, affidavit, GID and HRT initiation letter can be furnished as proofs.
  • In Delhi, Sikh Times publishes name change details and costs approximately INR 1500. They accept affidavit and GID as proof.

 

 

There are two formats that can be used to publish Advertisement in newspaper:

  • Change of Name format (Refer to Annexure 2)
  • Public Notice Format (Go for this only if you want your name change to be published in Central Gazette, this option is costly) (Refer to Annexure 3)

NOTE: Please retain at least 5 copies of newspaper since this might be required in applying for different IDs

 

STEP 4 (Apply for Aadhar Card)

Now online updation of Aadhar details has been suspended. Please visit your nearest Aadhar Enrolment Centre for updating name and gender change details. It is better to visit a Government enrolment centre instead of a third party vendor.

Please be honest in explaining the officer in charge that you are a transgender person and willing to change details.

  • Name change can be done by submitting a copy of the affidavit, newspaper advertisement, the filled up correction form available at the enrolment centre.
  • Gender can be self-identified. They do not ask for medical proofs. But it is better to keep the medical documents handy.

NOTE: In case affidavit does not suffice, copy of gazette publication of name change or Certificate of Identity that has photo issued by Gazetted Officer can also be provided.

 

STEP 5 (Central Gazette Publication)

Please go ahead with this only if you feel this is a necessary step. Gazette Publication might be required in changing Educational Documents and Bank Account Details.

 

NOTE: Please go for Central Gazette Publication instead of State Gazette (if possible) since it has higher legal value.

 

Please contact TWEET (Transgender Welfare Equity & Empowerment Trust) foundation in Delhi. TWEET helps in acquiring the Gazette Publication, but you have to travel to Delhi to get this done.

 

Documents required are:

  • Newspaper Advertisement in format shared in Annexure 3
  • Present Address Proof (Rental Agreement is fine in case you are staying on Rent)
  • GID/GD Letter from Psychiatrist

 

Refer to Annexure 4 for sample gazette publication

STEP 6 (Apply for PAN Card)

You can apply for PAN online or at any PAN correction centres available.

Name and gender change can be done by submitting the below documents.

  • PAN Card Correction Form filled
  • Affidavit
  • Newspaper Advertisement/ Gazette publication copy/ Certificate of Identity that has photo issued by Gazetted Officer
  • Recent photograph (size as mentioned in form)
  • Address Proof

 

STEP 7 (Bank Account Details Update)

Visit your bank home branch to get the bank account details changed.

Documents required are as follows:

  • Affidavit
  • Copies of newspaper publication
  • Gazette Publication for name and gender change
  • Any two ID cards with new name (PAN Card /AADHAR Card/ Voter Id)

NOTE: The procedure for updating account details varies from bank to bank, thus it will be good to speak with the concerned bank representative and get the details changed by submitting supporting documents.