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Shaan M   30 July 2024

Change month of birth in passport

Hello All

To start with, I was born and brought-up in Chennai and I received a passport with a incorrect DOB that my parents got it when I was around 7-8 yrs old in where the month alone was incorrect- but with that same Birth Cert, my school cert was given and my first passport was given. The Birth certificate which was provided at that time was provided by the local VO - handwritten

Later when all Birth certificate was digitalised by TN Govt, I have got the Birth certificate with correct month, date and year in their Database and I'm able to download that.

I had changed my Name in TN Gazette too and I wanted to apply for these changes in my passport. I have my Aadhar, Driving License and PAN Card with the New name and correct DOB updated with the correct month as well per the Birth certificate downloaded from the TN Govt Website.

Im residing in bangalore now since few years and when I applied for the change of personal details in the passport, they returned it asking me to go to the respective panchayat/town office and get the old handwritten birth certificate cancelled (which was presented when I was like 7yrs old for my first passport by my parents - My mother has passed away and father is 80yrs now)

We went to the respective office in Chennai to see if they can cancel the old handwritten cert , but they denied as that is not even valid anymore as everything is digitalised.

I was not able to get back to passport office after that due to Covid and later my parents were sick and mom passed away - due to these situations I was not giving priority to passport issue at that time.

Now I want to apply for the passport again and get these things corrected as per all other records in Govt.

  1. Month in the DOB - should match the birth certificate , Aadhar, PAN, License
  2. Name : As per Gazette, Aadhar, PAN, License

Suggest me how should I go about this in order to get my passport as I might need this down the line for any travel ( I have not used my previous passport at all for any travel)

Note : My SSLC, HSC Certificates still have the same DOB with incorrect Month and my old name by records.



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     31 July 2024

If you have your actual date of birth issued by the competent authority, then you can file a suit for declaration in the court of law to get your correct date of birth declared as per the birth certificte issued subsequently and can implead the passport authorities as party to the suit seeking direction to reissue the passport with the date of birth as declared correct by a decree of court of law. 

Shaan M   31 July 2024

Thank you very much for the response sir. Could you suggest me if I should be doing that in Chennai where the Birth Certificate is issued. If so, Would you be able to assist in getting this Declaration and get the same directed to the passport authority.

Right now I'm residing in Bangalore since few years due to my workplace.

Let me know how could I reach regarding this to further discuss. 

Sudhir Kumar, Advocate (Advocate)     31 July 2024

You can even go to high court forwrit mandamus.

 

in your case 

  1. first public body issued a false certificate.
  2. second public body issued correct cetificate.
  3. third public body is not accepting second cetificate unless first is cancelled.
  4. first public body is not cancelling the certificate issued by them and probably are not able to give valid reasons.

T. Kalaiselvan, Advocate (Advocate)     31 July 2024

If you want to proceed legally through court you may have to look for an advocate from Chennai, you can choose one from this website or can visit any bar association within Chennai and get the task completed thorugh the chosen lawyer

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