Change of fathers name in birth certificate
Mithra Saraswathi
(Querist) 15 January 2012
This query is : Resolved
Greetings Sir,
Am 21yrs.My father's name is M.Rajasekaran..and it is mis spelled asM.Rajasekar in my Date Of Birth certificate..and I need to change it as i ve to apply for the passport.As i approached the village panchayath where i got the birth certificate and also the sub registrar,there were no reply for my queries for the past 40days..As am in very need for this change what am i to proceed with?Kindly help me,Sir!
Regards
Mithra Saraswathi.
Devajyoti Barman
(Expert) 15 January 2012
Apply before the Chief Judicial Magistrate under Birth and Death Registration Act for direction to issue a new certificate.
Advocate. Arunagiri
(Expert) 15 January 2012
You can approach the officials for rectification of the name, supported by the documentary evidences.
If they dont respond, follow the procedure suggested by Mr.Barman.
Raj Kumar Makkad
(Expert) 15 January 2012
This is not a criminal case so CJM has nothing to do to deal with such case rather after obtaining the reply from the office of Registrar Death & Birth, you shall have to challenge it either before civil court or before High Court. The process of High Court is less time consuming but expensive whereas civil suit takes a long time but lesser expensive.
You have to opt now.
M/s. Y-not legal services
(Expert) 16 January 2012
makkad sir, for your kind information.,
in some states, the birth and death registration matters dealing by judicial magistrate courts.
in tamilnadu also if birth or death not registered before the registrar office mean judicial magistrate only can issue the direction to concern authority for register the same..
-tom-
M/s. Y-not legal services
(Expert) 16 January 2012
even my suggestion is.., better you sent a representation to the concern authority to rectify the correction about your father name.. if there is no response mean immediately go to your high court by filing a writ petition.
its may be speedy remedy better than approach judicial magistrate. because already your birth got entry..
-tom-
Pradeep Rohra
(Expert) 16 January 2012
Approach Civil Court or otherwise Gazzete your father name .
Deepak Nair
(Expert) 16 January 2012
In some states it is the Tahsildar who has the power of executive magistrate, responsiible for issuing orders with respect to birth and death certificates.
Dear Querist,
As advised by Mr.Pradeed Rohra, your father's neme can be corrected by publishing in the official gazette of the governmetn and subsequently your name too in the same way. You can produce the copy of the gazette along with an affidavit to teh passport authorities to prove the rectification in name.
Adv. Santosh Mahanor
(Expert) 16 January 2012
You can execute an affidavit of your father as Annexure " E " as per passport procedure.
you will get the specimen format of the same on passport website.
prabhakar singh
(Expert) 16 January 2012
In UP the business was initially with CJMs but now has gone to SDMs
Surender Kumar Sharma
(Expert) 16 January 2012
It is fact that all are right in their stand so far as my place, as I belongs from the Orissa and here the same power was with the S.D.M- cum- Sub Collector and here one has to file before him for issuance of an order directing to birth and death registrar for getting the registration or correction in the birth and death register, if it is directly not informed before the Registrar of death or birth of the person within one month.
It is also true that this is not a criminal matter so one will run before the court or lawyer, he can directly contact before the SDM it is different thing that for batter and smooth and speedy disposal he must contact to an Advocate.
Second thing we have no Idea Mr Mithra Saraswati is belongs from which place? we all the advocates are ready to help at any movement with cost, may be advise free.
Deepak Nair
(Expert) 16 January 2012
Hope the querist is satisfied now.
M V Gupta
(Expert) 17 January 2012
From the name of her father (Mr. Rajasekharan), it appears that the querist belongs to either Tmilnadu or Kerala. I think there is a procedure prescribed in the relevant Act/Rules for correction of the entries made in the birth register by applying to the concerned authority with requisite proof of the correct name of the father. The querist should inquire with the concerned local authority for guidance.
Mithra Saraswathi
(Querist) 18 January 2012
greetings sirs...
thank yo all...ll move with the steps given and make a query if i ve any doubt..
regards
Mithra
Advocate. Arunagiri
(Expert) 18 January 2012
In TN also, approach the Magistrate for rectification in the birth certificate. Take the help of the advocate of a city, wherein you born.
