First Class Magistrate refuses to certify/stamp Birth Cert
Anant
(Querist) 26 April 2011
This query is : Resolved
First Class Magistrate refuses to certify/stamp Birth certificate issued by him.
First Class Magistrate in Gujarat has ordered the issue of a Birth cert for my late mother. The birth cert is to be used for an OCI card application for me (see http://hcilondon.in/oci.php) at Indian High Commission.
The Indian High Commission in London requirement is that post dated Birth Cert must be stamped, according to http://hcilondon.in/oci.php it says: “Post dated birth certificate from Municipality/Panchayat etc., affidavit to this effect should invariably be certified by the Indian First Class Magistrate of the area with name, stamp, seal and contact telephone numbers with area code for verification.”
The First Class Magistrate refuses to stamp the Birth Cert saying that there is no provision in law requiring him to do so. In this case, he is the same person who examined all the evidence provided before him and satisfying himself fully before ordering the Birth Cert, so there is no question that the document is not authentic. Unfortunately, the Indian High Commission will not accept the Birth Cert without the stamp as it is a post dated document.
I seem to be stuck between two hard rocks. Can anyone help to shed light on this issue?
Is there any provision or legal precedent in Indian law requiring the First Class Magistrate to certify/stamp document? If so, can you point me to the guideline or case law?
Any help would be appreciated.
Guest
(Expert) 26 April 2011
you can get attested the certificate from the Tehsildar of your area by attaching the copy of the birth certificate and the order of the magistrate who ordered for the certificate in this regard.
Kiran Kumar
(Expert) 26 April 2011
its better to find out the relevant law and rules applicable to this process.
take help of a local lawyer...if the Magistrate is not acting in legal manner and refuses to do his legal duty then move a writ petition in the nature of Mandamus before the Hon'ble High Court seeking directions for certification of documents as per law.
Anant
(Querist) 26 April 2011
Gentleman thank you for you reply.
"its better to find out the relevant law and rules applicable to this process"
Yes, I agree with this. I have hired the same advocate who helped me obtain Birth Cert, unfortunately he has not found any relevant law. With people I speak to it seems like accepted practice.
If anyone knows of relevant law or case then please do let me know.
Guest
(Expert) 26 April 2011
I totally disagree with the advice of Sachdev Bishnoi, as if the legal requirement of the High Commission for attestation is from the First Class Magistrate, attestation from the Tehsildar cannot work and would bounce bac, as Tehsildar is only 3rd Class magistrate.
However, you can act on the advice of Mr. Kiran Kumar. You can submit through your advocate to the court a copy of the document of the Indian High Commission that requires attestation by the First Class Magistrate.
Anant
(Querist) 26 April 2011
My advocate has already approached the First Class Magistrate with the printed page from the High Commission of Indian website. However, the Magistrate claims this is only a guideline with no binding force in law. He has issued Birth Cert under Registration of Birth and Deaths Act 1969 wherein there is no such provision to certify posted dated Cert.
However, there must be some precedent in this matter, which I am searching?
R.Ramachandran
(Expert) 26 April 2011
Dear Anant,
What the High Commission anticipates is that there will be a post dated certificate. In that event, instead of straight away recognising it, the HC wants it to be certified / stamped by the First Class Magistrate.
When the Original Certificate (post dated though) itself is issued only by the First Class Magistrate, it does not make any sense that the Magistrate has to certify the same. I am sure, the HC will accept the original certificate issued by the First Class Magistrate.
Anant
(Querist) 26 April 2011
Hi R.Ramachandran,
Thank you for your reply. I have already persoanlly visited the HC office twice regarding the exact point that you have made. However, they require a stamp due to the fact that it is posted dated, even though the BC is actaully the original as none was issued at time of Birth in 1940.
My advocate is trying his best to find a provision in law, however, from the lack of specific rule of law it seems it will be difficult to persuade the magistrate.
Once again thank you all for your help.
R.Ramachandran
(Expert) 26 April 2011
Dear Mr. Anant,
Even according to the http://hcilondon.in/oci.php quoted by you “Post dated birth certificate from Municipality/Panchayat etc., affidavit to this effect should invariably be certified by the Indian First Class Magistrate."
The requirement for certification by the First Class Magistrate arises only when the post dated birth certiciate was issued by Municipality/Panchayat. When the post dated Birth Certificate is issued by the First Class Magistrate himself, there cannot be any requirement that it should be certified by him!
If at all, the reasoning by you has to be done with the HC mandarins and not at Magistrate's end.
