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Birth registered but the registrar lost the record!!!

(Querist) 16 March 2014 This query is : Resolved 
My birth took place in a village and this was registered in the Gram panchayat office.
This registered details are forwarded to taluk office by the village accountant.
I have taken the birth certificate at that time itself when it was registered in the year 1989.

But the mistake they have done in Birth certificate is, my mother's name is not mentioned.

But for the purpose of passport when this was submitted,this certificate was rejected stating the same that mother's name is not there.

Now when I request registrar to provide me the Birth certificate, they searched their record room and they dont find the record book for that year of 1989 births.

when i produce my old birth certificate and 10th mark sheet as proof, they are not ready to give me Birth certificate as they lost the record.

Please advise me how to get my Birth certificate?should i go through the process which is followed for not registered births or can i claim my right directly by filing a case against the registrar ?
Devajyoti Barman (Expert) 16 March 2014
File writ petition in the high court.
Rajendra K Goyal (Expert) 16 March 2014
Get the information through RTI asking in whose possession the record was. What is the official procedure to issue birth certificate if record is missing. What action has been taken against the official in whose possession the record was and misplaced? If no action taken why?
Chetan (Querist) 17 March 2014
Thanks for the reply

When recently went to the office to ask for the certificate again.They are asking me to register my details freshly which is to be done through court.

So when I went to a lawyer for this issue, he says this would cost around five thousand.

But I dont think the expense would be this much. Kindly advise me further in this.
ajay sethi (Expert) 17 March 2014
lawyer has quoted very reasonable fees . if you need birth certificate you have to shell out money .
Chetan (Querist) 17 March 2014
thats OK about the fees ...but I think its my constitutional right to have Birth certificate when I have already registered it.But this is going the other way, they have lost the record and I have to pay for it.That doesnt make sense.

Please help me if I can request this record through RTI before going through hell lot of procedure to re-register my birth through court?
Chetan (Querist) 17 March 2014
I already have a original copy of Birth certificate with me which was given in the year 1992 when requested.

Can this be of any help?How can I use this to prove that I have already registered.
Advocate.S.A.Siddiq (Expert) 18 March 2014
Follow simple procedure , get the non registration certificate from Localbody/Thasildar and file the Cr.M.P petiiton to Judicial Magistrate court / DMC and get the fresh Birth certificate
T. Kalaiselvan, Advocate (Expert) 18 March 2014
The author may follow the simple route as suggested by Mr. S.A. Siddiq. Instead of wasting time over many other things, in order to get going, apply for fresh birth certificate through curt by obtaining no record certificate from the concerned authority.


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