How to take a birth certificate after 46 years.

sandeep (Querist) 08 April 2016 This query is : Resolved
Good Morning Sir/Madam,

My Mother(plaintiff) filed a civil case in the year 1999 for declaration of suit property. The case got ex-partee decree in the year 2001 in my mother's favor as the defendants did not appear in the court for trial.

The defendants requested the Hon'ble court for retrial of case, the court refused. The defendants went to High Court and requested for retrial by setting aside the ex-partee decree. The Hon'ble High Court set aside the ex-partee decree and sent the case for lower court for retrial. Now the status of case is for cross examination we have submitted all our evidence in the Hon'ble court and some got marked by the Hon'ble Judge.

Now the problem is the defendants challenges us to submit the Birth Certificate of mother(plaintiff) in the court. My mother born in home in the year 1970. The parent of my mother did not made any birth registration with local government (Municipality). My mother studied in the local Government School upto 7th class (Passed) and discontinued while studying in 8th class. My Mother has the Transfer Certificate given by the government school in which her date of birth and father name is mentioned.

Q: How to take a birth certificate on the basis of Transfer Certificate issued by the Government School?

Expecting early reply,

Thank you Sir/Madam.

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Lawyer SALEEMA (Expert) 08 April 2016
File petition before the concerned Magistrate Court to direct the registrar of birth and death, to register your mother's birth by invoking section 13 of Birth and death Registration Act.

Rajendra K Goyal (Expert) 08 April 2016
late registration of the birth is permissible with the order of the court / order from competent authority. Adopt the procedure and proceed.