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shilpashetty (Shop Owner)     14 May 2015

How to prove age of a women in court if no birth certificate

How to prove age of a women in court if no birth certificate, marriage certificate and school certificate.

In a partition suit the petitioner Sister (S) given wrong date of birth as 1956. But actually born on 1951 ( 4 years before). Sister (D) not gone to school, no birth certificate and don’t have marriage certificate.  But Sister (D) is having election card showing as 1956. I have applied for RTI to know that what document she has given to get election card. Her Brother was born on 1949 he has school certificate. How can I prove in court that Sister is born before 1956?

Kindly clarify the below questions.  

How can I prove in court that Sister is born before 1956?

If medical options means -

What medical test will be conducted on that person ?

On which section/how we should approach court/judge for medical test of Sister (S)?



Learning

 4 Replies

bsrao   14 May 2015

To prove some one claims to have born in 1956 wrong and that the actually birth year is 1949 is difficult at this late stage. Date of Birth, in the absence of records, comes from a self declaration. Unless, you have a compelling reason, the court may rely on her sworn affidavit.

shilpashetty (Shop Owner)     14 May 2015

Pushpalatha VS. Padma - A case analysis of the Succession Rights of a married daughter post 2005 Amendment.

The Karnataka High Court's landmark judgment that tends to defy all the laid down principles by other Courts brings about a progressive interpretation of the legislative intention to serve the fundamental socio-economic purpose fuelling the Amendment Act of 2005. Therefore, this judgment acquires importance as it substantially expands the definition of retrospective in light of the amended provisions stating that the substitution via amendment granted the right to coparcenary property to the daughters from coparceners from 1956 and at the same time restricted such application by dismissing the people born before the commencement of the Act in 1956 and disposition/alienations/effected partitions before 20th December 2004 from its purview. Setting a new bar for interpretation of the changes made to the Hindu Succession Act of 1956, the said judgment holds high regard in the contemporary era of Family Law dealing with Joint Hindu Family Property.

---- Based on the above judment , I need to prove that Sister (S) was born before 1956 ....

Kindly clarify the below questions.  

How can I prove in court that Sister is born before 1956?

If medical options means -

What medical test will be conducted on that person ?

On which section/how we should approach court/judge for medical test of Sister (S)?

surya (nil)     14 May 2015

You can not change your date of birth once declared whether it is actual or not.

shilpashetty (Shop Owner)     14 May 2015

>>>>compelling reason, the court may rely on her sworn affidavit.

From my above case I have strong reason that her age is important.

Just sworning on affidavit in court, anything can be done right? I can say that property was transferred to my name... Court needs proof...


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