Can a minor from Haryana get his domicile certificate done in his independant name from the state of Punjab?
Snehal R. Salvi (Advocate) 17 November 2009
Can a minor from Haryana get his domicile certificate done in his independant name from the state of Punjab?
Anil Agrawal (Retired) 18 November 2009
Laws are different in different States. In Maharashtra, one must stay here for a minimum of 15 years to get DC.
Also, I got it for my son in Mumbai when he was a minor. His DOB is 26/11/1987 and DC was issued to him on 20/3/2004.
Please check on laws applicable in Punjab and Haryana.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 19 November 2009
My answer against your question is
NO.
Anil Agrawal (Retired) 19 November 2009
This is what happened to me.
I shifted to Mumbai in 1981 and have been residing here since then. In 2004, I applied for domicile certificate (DC). Application was moved before the concerned magistrate. It is a wonderful format where they want to know the details of my father's family, whether my parents visited Mumbai, if so, why and when, where are my sisters and brothers, whether I have visited my home town, if so, why and when, if my parents and brothers and sisters are alive, if not, when they died, blah, blah, blah. I attached income tax returns for 15 years, electricity and telephone bills for 15 years, bank statement for 15 years, PAN card, passport, voters identity card. Imagine what happened. Nothing was acceptable to him.
The magistrate raised an objection: Certificate of MY place of birth. Passport mentions it but it was not acceptable to him. I was born in 1939 in a village where there nobody to record births and deaths. I was told that in that case the court will write a letter to the village panchayat that records of births and deaths were not maintained then and are not available.
I was at a loss as to what to do to satisfy his ego. I suddenly remembered that while working in the government, an OFFICIAL passport was issued to me. It is not issued by regional passort officer but directly by the Ministry of External Affairs and only to government servants for official purpose. It was my last ditch attempt to satisfy him. I was asked to file an affidavit and produce this passport. The Magistrate called me to the witness box. Not concerned with official passports which are issued with white cover he started turning it over and over in his hand, going through every word of it. Then questioning started: Who issued it? Why was it issued? What was I doing in Government? Why it is different from the blue jacket passport? Either he was tired or found that raising further objection was meaningless, the DC was issued to me. When I submitted the documents, I was walking in the air that no authority on the face of incontrovertible proof can refuse the DC to me. Little did I realize, Oh My God, my birth certificate which I never had!
Moral: Experience of official passport.
Next moral: Whenever you were born, obtain the birth certificate (may be 70-80 years or even 100 years old) as we can't fight the law.
Anil Agrawal (Retired) 20 November 2009
There was no birth certificate during our forefathers time. May be they were not born.
Anil Agrawal (Retired) 20 November 2009
Great. Thanks for information. I stand corrected.
Anil Agrawal (Retired) 22 November 2009
I request friend to read the form prescribed by Maharashtra Government. Your head will take a toss.
Please be informed that Government of Maharashtra has abolished all non-judicial stamp papers of the denomination of Re.1 to Rs.50. ONLY 100 rupee stamp papers are now available and can be used even when earlier one rupee stamp paper would have sufficed.
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