36 Tips to a Perfect Last Will & Testament
A Will is essentially a written declaration by a person describing her wishes on matters concerning distribution of her self-earned properties, assets and wealth to family, relatives, outsiders, charities, etc, after death. In order to be legally valid, a Will has to be signed in the presence of two witnesses, who do not necessarily need to be aware of the contents of the Will. 
 
In India, depending on a person’s religious affiliation, separate succession laws will also be applicable and need to be considered when preparing a Will. Often, a Will needs to be notarised, registered or probated from the High Court. The requirements are different in each case and matters can quickly become complicated for a layman who is preparing a Will for the very first time. 
 
Although a Will is intended to be a simple document to dispose assets and wealth of a deceased person, lack of attention to detail can lead to complications and disputes and even render the Will invalid. Here are 30 most commonly asked questions which will help you get all your facts in order while making this important document.  
 
1. What is the benefit of preparing a Will?
Preparing a Will ensures that all your assets and properties are distributed and disposed as per your wishes and helps avoid disputes or legal interference in the family after your demise. Also, if you are planning to give a bigger share to some of your relatives/heirs or want to ensure that one or more persons are either disinherited or get a smaller share, then a Will is the only effective document to do it. For example, if one wishes to donate organs, give a flat to his wife, give more/less to any particular son/daughter, provide for surviving parents or a caretaker/friend/pet/charity, etc, such wishes can be mentioned in a Will and shall be binding on all – family, relatives, all laws, all courts including the Supreme Court of India. 
 
2. What will happen if I do not make a Will?
When you die without writing a Will (called 'intestate" in legal language), all your property, assets and wealth is distributed as per succession laws applicable to you based on your religion. For instance, the Hindu Succession Act applies to Hindus, others have their own laws (more later). Do note that such succession laws have fixed proportion of assets that can be distributed to various family members and this may not necessarily be as per your wishes. There could also be a delay in distribution of properties due to litigation or  disputes amongst family members, etc.
 
3. Who can make a will?
Any person above the age of 18 and of a sound mind (i.e., capable of understanding his actions and is free from any undue influences) can make a Will.
 
4. Why should you not wait until old age to make a Will?
We live in uncertain times, so you should ideally make a Will anytime after attaining 18 years of age or at least when you start earning. Just as people take an insurance policy at 25 to provide for their family, why not also make a Will which is an instruction in writing to the family as on how to distribute insurance claims or properties/assets.
 
5. How should one make a Will?
A Will can be handwritten or typed; however, a typed Will is preferred. Stamp paper is not required; hence, it can be on a plain paper. A Will can be in any language that suits the person making the Will. The Will should cover minimum and precise details of your, family, your properties, your assets, your liabilities, your wishes, your bequests (property distribution wishes) and must have the names of two witnesses, date and place of signing, signature of the person who has made the Will and the witnesses on each page. Ideally, identify the witnesses correctly with names, middlename and addresses to avoid confusion as to their identity. The same goes for executors and those who you bequeath your asset to.
 
6. When can I make an oral Will?
This is a Special Will which is only allowed to soldiers, airmen and navy persons while they are involved in combat or on the high seas and facing a threat to their lives. Some Muslims are allowed to make oral Wills as per their personal laws. 
 
7. Are the laws pertaining to Wills and transmission different for different religions?
Yes, this relates to the succession laws, where there are different laws applicable as per the religion of the deceased person. For example, for Hindus it is the Hindu succession laws, for Parsi and Christians it is the Indian Succession Act, for Muslims it is as per the Shariat Laws (different rules for Shia, Sunni, Khoja etc). 
 
8. What is the rule for witnesses of a Will?
As per the law, a Will should be signed in the presence of minimum two witnesses. It is not necessary for the witnesses to read the contents of the Will, they are just confirming that it was signed in their presence. As per the law, witnesses can be called by courts in the event of questions arise on the legality or authenticity of the Will. Nowadays, it is also advisable to do a video recording of the Will being signed and keeping the recorded clip safe along with the Will, so that it can be presented as legal evidence of require to prove legality of Will. Identifying the witnesses cleary is useful, especially when they have fairly common names and surnames.
 
9. Who is an executor? Is it necessary to appoint an executor to a Will?
An executor is a person who is appointed by the person making a Will to take action on all the wishes as per the Will. An executor can be any person who is a beneficiary in the Will or any trusted person such as a family friend, lawyer or CA (chartered accountant) who can assist the family to act as per your wishes. It is not mandatory to appoint an executor; however, it is recommended. 
 
10. Is it mandatory to ‘Notarise’ or ‘Register’ a Will? What are the benefits?
No, notarisation or registration of a Will is not mandatory. However, one can register the Will anytime after execution, for which no fee is charged at the sub-registrar’s office (except some scanning charges). If Will is registered, it means the person who has made their Will in the presence of two witnesses, would have visited the registration office physically and registered the Will in the presence of sub-registrar (government official). Hence, chances of questions arising on the authenticity of the Will can be avoided amongst family/relatives.
 
In order to register a Will, the maker has to personally visit along with two witnesses (not necessarily the same ones who have signed on the Will). You will also need to carry the original Will, last dated MBBS doctor’s certificate certifying mental fitness and some form of address proof. 
 
11. Which properties/assets can be mentioned in the Will?
It is advisable to mention all single/joint properties, wealth, assets, receivables as well as all liabilities/loans in the Will, including movable, immovable and intangible properties and assets. Movable properties will include cash, jewellery, FDs, bank accounts, insurance policies, vehicles and all your furniture, fixtures, etc. Immovable properties will include all your land, building, flat, shop, office, plot, garage, etc. 
 
12. Can joint properties be included in a Will?
Yes, person owning any joint property is allowed to mention his wishes in the Will for his share in the joint property. It is necessary to mention about all joint property titles to avoid unnecessary disputes in the future.
 
13. Do properties/assets where nomination are filled need to be included in a Will?
Yes, legally a nomination is just a facility to claim property by a nominee in the event of death of owner. A nominee will only act as Trustee for temporary period till the legal heir is established as per the Will or as per the Succession Act. Thereafter, nominee has to handover those properties to the legal heirs. Nominee can be also be a legal heir. However, there is an exception, to this hence, one has to clarify all nominations in Will, if possible.
 
14. Can rented properties/tenancy rights be included in a Will?
No, tenancy rights are not a property or asset, hence, it cannot be bequeathed in a Will.
 
15. Can leasehold rights be included in a WilI?
Yes, leasehold rights can be bequeathed in a Will.
 
16. Can an ancestral property or property received as a legal heir in the past be bequeathed by a Will?
Ancestral properties in which title/ownership is legally transferred to the testator are allowed to be bequeathed by a Will.
 
17. Can business ownership in firm/company can be bequeathed in Will?
Yes, ownership as a proprietor in a proprietorship firm, or shares owned in a company can be bequeathed by a Will. For share in partnership firm as a partner is allowed to be bequeathed subject to conditions, if any, in the partnership deed.
 
18. Can share in HUF be bequeathed?
No, a share in Hindu Undivided Family cannot be bequeathed. 
 
19. Which other properties / assets can be bequeathed by Will?
One can bequeath pets, paintings, antiques, electronic items, furniture & fixtures, intellectual properties like trademark, patents, copyrights, licenses, social media accounts, personal belongings, Books, etc.
 
20. How to protect minor children?
One can nominate guardians for minor children who are beneficiary in the Will, and such a guardian will be responsible to look after the minor children and protect their share. Often, people create a Trust by way of Will for the benefit to all the legal heirs, friends, Relatives or for charitable purpose. The guardian is often named as trustee until the minor children come of age.
 
21. What about assets that you missed or forgot to mention in the Will or future assets?
A general clause is included in a Will for residual properties/assets (miscellaneous assets that were missed) which specify that they should receive 'residual assets' and similarly a general clause is added for 'all the future assets'. This is called a 'Residuary Clause'.
 
22. Can a Will be changed in the future for addition/deletion or can a new Will be made?
A person can make a new Will as many times as he wants. If you want to make a few small changes, you can also make a Codicil which is a supplementary to the main Will. However, it is necessary to mention in your Will that 'This is the Last will and all past Wills, if any, are to be treated as cancelled and only the last Will is legally valid.'
 
23. Where can a Will be stored/kept?
Legally a Will can be stored at any place. However, it is advisable to store your Will at a safe and secure location where it cannot be tampered with and it can be easily found by your family after your death. It may be kept in the safe custody of a locker, with a trusted person or with professionals like a banker or solicitor who will take necessary steps to inform the executor after your death. Various banks and financial institutions offer custodian services for safe keeping your Will.
 
24. Can properties in foreign countries be bequeathed?
Yes. However, properties situated in foreign countries are governed by local laws in those countries and the procedure to enforce Will in such countries would be different from India. Therefore, it is advisable to prepare two separate wills; one dealing with properties in India and the other with properties in foreign countries. Such Wills are called as concurrent Wills and are treated independent of each other unless interlinked.
 
25. Can husband and wife prepare one single Will as joint Will?
Yes it is allowed, where both the husband and wife bequeath all properties to each other and final bequest is mentioned, by which properties are distributed to family, relatives, etc, as per the joint Will. However, such a joint Will can take effect only after the death of both spouses and not during the lifetime of either one. Many times, husband and wife prepare a 'Mirror Will’ which are separate individual Wills where each spouse gives all his/her property to the other spouse. 
 
26. Who can be a beneficiary under a Will?
A ‘beneficiary’ is a person to whom the properties are distributed or 'bequeathed' under the Will, i.e., a person who gets the benefit under the Will.  Any person, body, trust, charitable institute, society, etc, can be a beneficiary under the Will. A beneficiary under your Will can be your family members, relatives, friends, etc, and you can opt to give your properties in charity. However, Law has set out procedure to be followed if you have close relatives and want to give all your properties and assets for charitable purposes. This restriction is not applicable in case of Parsis who can give all his/her properties in charity. 
 
27. Who can be termed as my legal heir?   
Legal heir is a person; male or  female, who is entitled to succeed to the properties of the deceased person under the applicable personal law for succession. As per the Hindu Succession Act, if there is no Will the properties are allowed to be distributed to all Class I heirs equally; if there is no Class I heir, then in such cases properties are given to Agnates and lastly to Cognates. If no one is available, all properties are taken away by the government. 
 
28. When and how can a Will be cancelled?
One can cancel/revoke their Will at any point of time or while making a fresh Will. Once a new Will is written, all the past/old Wills get cancelled. The Will can be revoked by following ways:
  •     By execution of a subsequent Will;
  •     By writing and declaring an intention to revoke the Will;
  •     By burning, tearing or otherwise destroying a Will.
 
29. Will I or my legal heirs be required to pay income-tax and other taxes in respect  to properties under the Will?
No, as of date any property received under the Will does not attract any tax including capital gains tax. In the past, there was an estate duty tax which has been abolished. 
 
30. What are the special provisions, in case of Wills by Muslims?
Muslims are mainly governed by their personal laws in respect to Wills and inheritance, and only certain portions of general succession law in India, known as Indian Succession Act are applicable to them. As a general rule, Muslims can make a will of only one-third of his/her properties and the remaining properties are distributed in tested succession as per the Shariat Act. 
 
31. What are the special provisions, in case of Wills by Christians, Parsis and Jews?
In the case of Christians and Parsis, the Will gets cancelled/revoked on marriage. A Parsi is entitled to give all his/her property for charity by Will.
 
32. What is a probate of a Will? Is it mandatory for all Will?
Probate is a legal certificate issued by the Court after the validity of the final Will is proved. An executor nominated under the Will can apply for probate. When the court grants the probate or certifies the Will, the executor would be entitled to take necessary steps to enforce the Will. Probate is not always necessary, however when there are many immovable properties or assets are of high value, the probate is insisted before the title of owner is changed to avoid any disputes in future. 
 
33. What if there is no Will, how is a legal heir established?
In the event of a ‘no-will’ situation, if there are only movable properties, a succession certificate is to be obtained from a court. If  the person has left behind immovable properties, also in such cases, a Letter of Administration is to be obtained from the court.  
 
34. What is the difference between beneficiary and nominee?
Nominee is merely a trustee of the property and he/she is required to hand it over to the legal heirs, whereas a beneficiary is the person who is entitled to receive the properties under the Will.
 
35. When are properties distributed as per the Will?
Properties are distributed per the Will only after the death of this maker. 
 
36. Is it necessary to take the help of a lawyer to prepare a Will?
No, for making a simple Will, one can take all precautions and do it by themselves. However, one has to be careful with words to avoid any vagueness or contradiction in the Will and to avoid any unnecessary misunderstanding/quarrel amongst family or relatives.
 
CA Vimal Punmiya is the Proprietor of Vimal Punmiya & Co and has been in this profession for more than 45 years. He has written a number of books on subjects like transfer of flats, stamp duty, registration and capital gains.
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    COMMENTS

    Harish C Kohli

    1 month ago

    Your having put Mr. Punmiya's advice in print is well appreciated.

    ASHWIN MEHTA

    1 month ago

    Although I have made my WILL myself, I wish to consult Shri Punmiya for clarifications of certain points. e.g. For a liquid assets like say F.D.s, only to mention the F.D. Number but not the amount in the will.( Already nomination has been made) and similar such queries. Where he can be contacted and appointment can be taken. Of course I am ready to pay the consultation charges. Thanks

    shetyerb

    1 month ago

    Excellent article explaining the Important points to take care while making the will.

    Newme

    1 month ago

    Useful article.
    Is there a way to save or share this over the social media.

    REPLY

    akshay

    In Reply to Newme 1 month ago

    Yes. You can share the article by clicking on either of the social media buttons available near the headline.

    Moneylife also has a mobile app which can make things a bit easier for you to share on WhatsApp, Telegram or Twitter. You can download it here: https://play.google.com/store/apps/details?id=in.moneylife.newsandviews&hl=en_IN

    Explained: Daughter’s Right in Property of HUF, Post-Supreme Court Ruling
    Recently, the Supreme Court of India, aiming at ensuring the 'right of equality', in a landmark judgement, Vineeta Sharma vs Rakesh Sharma, held that a daughter coparcener would have equal coparcenary rights in a Hindu Undivided Family (HUF) properties or  equal right to family property by birth  irrespective of whether the father coparcener passed away before or after 9th September 2005  (the day when Parliament recognised this right by amending the Hindu Succession Act of 1956).
     
    The three-judge bench, led by Justice Arun Mishra, opined that Section 6 of the amended Hindu Succession Act bestowed upon the daughter an equal coparcenary status, along with its rights and liabilities, akin to a son coparcener. This right of the daughter was one bestowed by her birth, and would remain unaffected by the date of the father’s demise. This has finally settled  the issue of  applicability and scope of Section6 of the Hindu Succession Act, 1956  as  amended by the Hindu Succession (Amendment) Act, 2005.
    In its decision, the Supreme Court has clarified two points:
     
    coparcenary rights are acquired by daughters on their birth; and
     
    fathers need not have been alive when the 2005 amendment to the Hindu Succession Act 1956 was passed.
     
    Through this ruling, the Supreme Court has now categorically ruled that the daughters’ right flows from their birth and not by any other factor such as the existence of their fathers.
     
    Though the judgement envisages rectifying one of the discriminatory social practices, it would require no less than a behavioural change in the mindset of the Indian society to fulfill the goal of gender parity.
     
    Coparcener & Coparcenary Property
     
    In a layman’s language, coparcener in relation to an HUF family means a person who is entitled to demand partition of his share in the coparcenary property. Essentially, a coparcener is one who shares equally in the inheritance of an undivided property.
     
    Coparcenary property is that which is inherited by a Hindu from his/her father, grandfather or great-grandfather, i.e., ancestral property. Only a coparcener has the right to demand partition of property and share in a property increases or decreases by death or birth in a family, respectively. 
     
    Before 2005, women were not a part of the coparcenary and hence, could not claim or inherit the property of the father.
     
    Hindu Succession (Amendment) Act of 2005
     
    The Mitakshara school of Hindu law, a personal law, codified as the Hindu Succession Act, 1956 used to govern the succession and inheritance of property in Hindus. Under this law, only males were recognised as legal heirs or coparceners and women were not a coparcener in the family and thus were denied the right to inherit their father’s property.
     
    As a result of this discrimination, Section 6 of the Act was amended in the 2005 to make a daughter of a coparcener also a coparcener by birth in her own right in the same manner as the son. The law also gave the daughter the same rights and liabilities in the coparcenary property as she would have had if she had been a son.
     
    The 2005 amendment was passed to confer equal status on sons and daughters of coparceners. Prior to the 2005 amendment, coparcenary rights were granted only to male descendants (i.e., sons) of coparceners. However, while the 2005 amendment sought to grant equal rights to sons and daughters, the wording gave rise to various lacunae which led the Supreme Court to issue contradictory rulings on this issue.
     
    Until the Supreme Court Judgement of Vineeta Sharma vs Rakesh Sharma, equal status was granted only to daughters whose fathers (coparceners) were alive when the amendment came into force on 9 September 2005.
     
    Coparceners Versus Members
     
    In an HUF, there are two categories of persons - members and coparceners. The Supreme Court judgement only affects coparceners.
     
    A 'member' is entitled only to maintenance and is granted no inheritance or partition rights in the coparcenary.
     
     
    Conflicting Rulings Preceding the Supreme Court Judgement 
     
    Although since 2005, it has been the law that women are also successors to their father’s property, the position of a woman to inherit her father’s property after his death, was not very clear as pertaining to the day of enforcement of the law. 
     
    In Prakash vs Phoolwati (2016) 2 SCC 36 case, a two-judge Bench headed by Justice AK Goel held that the benefit of the 2005 amendment could be granted only to “living daughters of living coparceners'' as on September 9, 2005 (the date when the amendment came into force). The apex court had held that Section 6 was prospective in nature and would apply only if the coparcener and daughter were both alive as on 9 September 2005.
     
    In Danamma vs Amar, (2018) 3 SCC 343, the apex court had held that Section 6 would apply retrospectively. In this case, the father had died in 2001, leaving behind two daughters, two sons and a widow. The Court had held that “it is the very factum of birth in a coparcenary that creates the coparcenary, therefore the sons and daughters of a coparcener become coparceners by birth,” and, consequently , observed that the two daughters being coparceners, were entitled to equal share in the coparcenary property even though the father was not alive when the substituted Section 6 came into force in 2005.
     
    Important Aspects of the Supreme Court Judgement
     
    The three-judge Bench headed by Justice Arun Mishra ruled the following:
     
    • That a Hindu woman’s right to be a joint heir to the ancestral property is by birth and does not depend on whether her father was alive or not when the law was enacted in 2005.

     

    • The Hindu Succession (Amendment) Act, 2005 gave Hindu women the right to be coparceners or joint legal heirs in the same way a male heir does. Since the coparcenary is by birth, it is not necessary that the father coparcener should be living as on 9.9.2005.

     

    • If a daughter is alive on the date of enforcement of the Amendment Act, she becomes a coparcener with effect from the date of the Amendment Act, irrespective of the date of birth earlier in point of time.

     

    • Daughters cannot be deprived of their right of equality conferred on them by Section 6.

     

    • The judges also used the common saying that a son is a son until he gets a wife while a daughter is a daughter throughout her life.

     

    • The judgement noted that several cases on this issue were pending before different courts and were already delayed.

     

    • The Court requested the pending matters to be decided, as far as possible, within six months.
     
    The Court also categorically held that after the 2005 Amendment, interest in coparcenary property can be acquired only by birth or through adoption within permissible degrees, and not otherwise. Further, the Court has categorically held that survivorship as a mode of succession of a Mitakshara coparcener, has been abrogated since 9 September 2005, by virtue of Section 6 (3) of the 2005 Amendment.
     
    Daughters of coparceners will benefit from this judgement. However, the status of a coparcener's wife (who is a member of an HUF, as above) remains the same. Thus, wives have only limited rights of maintenance and cannot seek partition of their husband's property, among other things.
     
    Daughters will now be treated on par with sons of coparceners and will be granted equal coparcenary rights in their father's property on their birth. Further, daughters' marital status will not affect the rights conferred on them by the 2005 amendment – hence, they continue to be part of their father's HUF post-marriage.
     
    Daughters can now request the partition of their father's coparcenary property and seek an equal share with their siblings and other coparceners. On acquiring a share in a coparcenary property, a female coparcener can bequeath her HUF share to any beneficiary that she chooses (and to the exclusion of others) in her will.
     
    Significance of the Judgement
     
    • Ended Legal Ambiguity: The verdict has cleared the confusion about law and made it clear that the amendment to the Hindu Succession Act, 1956 granting equal rights to daughters to inherit ancestral property would have retrospective effect.

     

    • Consonance in the Constitutional Spirit: The court recognised that gender cannot be grounds for denying anyone their inheritance rights. This interpretation by the Supreme Court has removed male primacy over Hindu ancestral property.

     

    • Giving the daughter equal coparcenary rights is in consonance with the spirit of equality, under Article 14 of the Indian constitution.

     

    • A Step towards Women Emancipation: It is a major push for women who lack economic resources and are often marginalised by male members of the family. The fact that a law and not just a will decides women’s property rights is significant.
     
    The Real Impact of the Ruling
     
    Although this is a landmark judgement which has cleared up previous confusion and improved women's rights under the law, its real-world application is limited. The judgement applies only to HUF property and does not affect personal or self-acquired assets which are held individually.
     
    Personal and self-acquired assets are passed on under will or intestate succession law. In reality, most personal wealth, including ownership rights in valuable family businesses, are held in the personal names of the patriarch or promoters or in private trusts, holding companies or limited liability partnerships. 'Older' business families may continue to hold some ancestral wealth in HUFs, but the scale and materiality of such holdings are usually limited. Few business families are setting up new HUFs and most existing HUFs are being dissolved. Hence, this judgement may not help to transfer real wealth into the hands of daughters. However, although more needs to be done, this decision is still a victory for daughters.
     
    Associated Challenges and the Way Forward
     
    While the ruling is a progressive step towards gender parity, it is by no means a guarantee that Indian families will willingly cede reins to their female members. This is because, passing on the succession of the family enterprise only to sons stems from deep-rooted tradition and the patriarchal notion in the society.
     
    Given this context, it is quite likely that some business families after this ruling, will bypass this ruling, to park their assets or write wills to bequeath assets in favour of male heirs.
     
    There is also a challenge in ensuring that women are actually empowered by this legal provision, as the majority of women are not aware about their rights.
     
    Though the judgement is a progressive step in pursuit of creating a level-playing field in legal rights for women, bringing behavioural change in society will play a bigger role towards the goal of gender parity.
     
    Thus, there is a need to bring a change in the patriarchal mindset of the society and ensuring that women have access to the same opportunities as men in acquiring educational qualifications and the training needed to run an enterprise.
     
    Moreover, the fact that it has taken 15 years for the issue to be clarified highlights the urgent need for a clear civil code based on universal principles of natural justice and fundamental rights.
     
    For Further Reference, also read Taxation of HUF, Family Arrangement & Trust
     
    (CA Vimal Punmiya is the Proprietor of Vimal Punmiya & Co and has been in this profession for more than 45 years. He has written a number of books on subjects like transfer of flats, stamp duty, registration and capital gains.)
     
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    COMMENTS

    RVR

    1 month ago

    The government has exposed its inherent bias by focusing on a particular communitys personal law instead of the Uniform Civil Code. Everyone is agreed that the Goa Civil Code is ideal - then why the delay in rolling it out nationally ?

    mywopy

    1 month ago

    Modern working class families treat their male and female children equally and provide them with the same opportunities for pursuing their career and shaping their future.

    Only among Indian families, living here or with the one's settled abroad where ancestral wealth becomes a common reason for family disputes.

    Citizens of the developed world make their own means to living and not build their hopes and dreams on the family wealth. Youngsters in India should be encouraged to do the same.

    Newme

    1 month ago

    Too many litigations will start retrospectively.

    Sri

    1 month ago

    This was a very educative Webinar by a very knowledgable Lawyer Shri VA Vimal Punmiya. There are so many laws that for a layman it is very difficult to understand all. And thank you Sir for this immediate post. Helps us a lot. Thanks

    How to change name on Indian passport after marriage or divorce?
    A passport is an important document, which is considered as a proof of identity (POI) and proof of address (POA). In many cases, women change their surname after marriage and want to update the same on their passport.  
     
    In case a lady retains her maiden name after marriage, nothing changes in the passport application process and no need to update an existing passport.
     
    However, the instructions booklet of the passport application form on the Passport Seva website says: “This will be applicable to an applicant who has even marginally changed the name or a female who has changed her name or surname after marriage”.
     
    You have to apply for a 'Re-issue' of passport and get the specified change done in the personal particulars to change the name in the passport. You will also have to submit required documents along with the application form to validate your request. 
     
    How to apply for reissue of passport
     
    Here are step-wise processes to change name on passport after marriage. There are two processes; you can follow either of them.
     
    Steps for online form submission
     
    1. First of all, you need to register through the Passport Seva Online Portal by clicking on ‘Register Now’ link on its Home Page
     
    2. You then have to log in on the log in page of the passport seva portal with the registered Login Id
     
    3. You then need to click on ‘Apply for Fresh Passport/Re-issue of Passport’ to proceed further
     
    4. You will have to fill the required details in the form and submit.
     
    5. Choose the ‘Pay and Schedule Appointment’ link on the View Saved / Submitted Applications screen to schedule an appointment.  Please note that online payment has been made mandatory for booking appointments at all Passport Seva Kendras/Passport Offices.
     
    6. You need to click the Print Application Receipt link to print the application receipt containing Application Reference Number (ARN)/Appointment Number
     
    7. After making a payment, visit the Passport Seva Kendra (PSK)/Regional Passport Office (RPO) where appointment has been booked, along with original documents
     
    Steps for e-Form submission
     
    1. You have to download the e-Form through the ‘Download e-Form’ link available on the home page in this process. 
     
    2. You then have to fill the downloaded e-Form and click the Validate and Save button in it. This will generate an XML file, which will be required later for uploading in the system.
     
    3. Follow the same process mentioned above and log in to the Passport Seva Online Portal with the registered Login Id. 
     
    4. Upload the XML file through the Upload e-Form link after logging in successfully. Please note that only XML file is accepted by the system and hence do not upload the PDF form at this stage. 
     
    5. You have to go through the same payment process (as mentioned above) to schedule an appointment in your nearest Passport Seva Kendra (PSK)/Regional Passport Office (RPO) along with the original documents.
     
    6. After making a payment, visit the Passport Seva Kendra (PSK)/Regional Passport Office (RPO) where appointment has been booked, along with original documents
     
    Documents required for name change on passport in case of marriage:
     
    1. Original marriage certificate with a photocopy is required. You also need to submit a self-attested photocopy of the spouse's passport.
     
    2. Old passport in original with self-attested photocopy of its first two and last two pages, including Emigration Check Required (ECR) /Non-ECR page (previously ECNR) and the page of observation (if any), made by Passport Issuing Authority and validity extension page, if any, in respect of short validity passport
     
    3. Proof of Present Address 
     
    Changing name on passport after divorce: You have to submit a court-certified copy of divorce decree or self-attested copy of divorce certificate to change your name on account of divorce.
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    COMMENTS

    rs235m

    1 month ago

    The birth certificate and school leaving certificate will be having different name than in new passport.It is there fore desirable to continue with name surname of parent.

    mywopy

    1 month ago

    Adopting a new surname after marriage creates too many legal hurdles in the future, which could hinder future career prospects and obstacles for foreign travel, better to stick with your original surname.

    REPLY

    s5rwav

    In Reply to mywopy 1 month ago

    I Suggest Enactment of Law to Remove Surnames. I am Babubhai Vaghela from Ahmedabad. Thanks.

    FRANCISXAVIER

    In Reply to s5rwav 1 month ago

    very correct. in tamilnadu only father or mother name is allowed as a surname.

    s5rwav

    1 month ago

    If media reports are to be believed, Wife of Mr Narendra Modi has been denied Passport. I am Babubhai Vaghela from Ahmedabad. Thanks.

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