Does "One and the same person" also require gazette publication?

879 votes

Name Correction Affidavit on non-judicial stamp paper (₹10 or ₹20). It must state: Old name Correct name Reason for correction (spelling mistake) Declaration that both names refer to the same person Passport details (if applicable) It should be: Notarized OR Attested by First Class Magistrate (recommended for foreign use)

Advocate Jayatee Chatterjee LawRato

693 votes

Hi there, if the embassy website has clearly mentioned it then you should definitely go for gazette notification regardless of what your situation is. In general the name change includes the spelling errors as well therefore a gazette notification will be required. If you have any questions feel free to contact me.

Advocate Ishan Parashar LawRato

955 votes

The German Embassy has strict standards. For significant spelling differences, a Gazette notification is safer than a simple affidavit. To make your visa rejection-proof, first execute a notarized affidavit on stamp paper, then use it to apply for a Gazette of India publication.

Advocate Yash Ajmani LawRato

628 votes

This advice is issued on the basis of the facts stated by you regarding your plan to move to Germany for pursuing a master’s degree and the issue arising from two different spellings of your name appearing across your documents. You have indicated that you require a “One and the Same Person” affidavit, but you have also noticed that the embassy FAQ mentions gazette publication in cases of name change, leading to uncertainty about whether such publication is required in your situation. Under Indian legal practice, a clear distinction is made between a name change and a name variation or spelling discrepancy. A gazette publication is generally required only when a person formally changes or adopts a new name, such as adding or dropping a surname, changing the first name, or permanently altering the name identity. In such cases, the gazette notification serves as a public record of the change. In contrast, where there is no intention to change the name and the issue is limited to minor spelling differences across documents—such as variation in initials, phonetic spelling, or clerical inconsistencies—a “One and the Same Person” affidavit is commonly used. This affidavit declares that all variations refer to the same individual and is routinely accepted for academic, immigration, and visa purposes when supported by primary identity documents like a passport, birth certificate, or educational records. Embassy FAQs often refer to gazette publication only in the context of a formal name change and do not specifically address spelling discrepancies, as these are typically resolved through affidavits. In practice, many foreign universities and embassies accept a properly executed and notarised “One and the Same Person” affidavit, and where required, the affidavit may also be apostilled for international use. However, it is important to understand that the final discretion rests with the concerned embassy or institution. If their document checklist or written communication expressly insists on a gazette notification even for spelling variations, compliance may be required. In the absence of such a specific requirement, a gazette publication is usually not mandatory for mere spelling clarification. In summary, if you are not changing your name and only clarifying that two spellings relate to the same person, a “One and the Same Person” affidavit is generally sufficient, and gazette publication is ordinarily not required. This advice is based on the facts disclosed and the prevailing legal and procedural practice and is intended for your guidance.

Advocate Yuganshu Sharma LawRato

600 votes

Hi . I got your query and I can help you in your name query , pls do connect with me and I want to inform you that I’m practising in delhi court from last 5 year. I have done this type of case as well . Do pls do connect with further assistance. I can sure help you

Advocate Deepak Ranjan LawRato