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rajesh (Management)     24 November 2009

Date of Birth

My sister has a problem with her date of birth. She was actually born in july, 1988. But the school certificate shows here date of birth as 10-march-1989. As she had to apply for passport, the rule states that anyone born after 26-jan-1989 should submit Birth Certificate from Muncipal authority/ registrar of death & birth. Now if we get the certificate from the authority, it will show the actual date, which is different from the date shown on all here other documents.

What should we do? Do we apply for correction in date of birth?



Learning

 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     24 November 2009

You will have to file a suit for declaration and consequential relief of injunction.  Before filing the suit it is necesary to issue notice to the state govt., rep., by Deputy Commissioner of the Dist., and Deputy Director of public instructions of the dist., u/s 80 of CPC.

In such cases question of limitation will arise, so you have to take contention that the that caue of action to this suit arose when the passport authority orally instructed to produce the court decree etc., you have to take.

Anil Agrawal (Retired)     24 November 2009

 You mean her birth was not registered at all with the municipal authorities. If she was born in a hospital, surely you must be having doctor's certificate. If that is also not available, please act as advised by Mr. Rajeev, if that is the law.

raveendran (chief executive)     24 November 2009

you have apply for a birth certificate by filing an application before a judicial magistrate court under the registration of birth act for your correct date of birth. The court will direct the municipal authorities to issue a birth certiifcate which can be used for applting for passport.

S.Raveendran, Advocate, Coimbatore.Phone.9843232568.

rajesh (Management)     25 November 2009

Her birth was registered with the municipal authorities. The problem is the date on the school certificate is different from the municipal autho. record.

rajesh (Management)     25 November 2009

Sir.

I was told that we can get the actual birth certificate from the Municipal/ registration authorities by submitting an application. Once we recieve this do we have to apply to all other related authorities (school board for correcting SSLC certifiate, college authorities for correcting degree, election commision for EPIC etc) for changing the date of birth on their records?

Anil Agrawal (Retired)     25 November 2009

 How her DOB was regd by school differently? You must have attached the DOB cert along with admission form.

rajesh (Management)     25 November 2009

I dont know. It could be a mistake in entering. Our parents are no more, so cant confirm the actual reason. Those days the schools did not insist on the birth certificate (i guess). Otherwise, it should not have happend.

 


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