Civil Procedure Code (CPC)

Proof of place and date of birth - for passport application, 2 special cases

This query is : Resolved 
 

Online (Querist)
15 October 2013

Dear Sirs/Madam/Experts,

Regarding the subject I have two queries on different cases as explained below, and the requirement is for the Passport Application for my parents who are senior citizens and my father is a Kerala State Govt. Pensioner (retired as a teacher):

Case1

For my father. He retired as a teacher in 1988 (Lower Primary School teacher). He passed SSLC. But at present not having any SSLC or other leaving certificate either original or duplicate. So as per the documents' List mentioned in the Passport application instructions provided in the website, we do not have any documents for the proof of place & date of birth of my father.

Please be noted that the available documents are : He is having original Pension Book (not pension payment order) on which the date of birth is indicated (as 08-April-1933). He is having Aadhar Card, Ration Card, Bank Passbook with DOB and photo/address etc, Voters ID, Electricity Bill (in his name), Gas Connection Book of Indian Oil Corporation (Indane) with his name /address etc.

In the above documents nowhere indicated his place of birth. The date of birth indicated in Pension Book and Bank Passbook only. Voter's ID Card/Ration card - age (apprximately) only mentioned. In this particular situation how could I apply for a Passport for him preferably if I need in Tatkal scheme?

Case2

My mother is 73 years old housewife. Her place of birth is WXYZ (in Tamilnadu) ans she studied in Madurai till 8th std only. She could read, write Tamil/Malayalam well and will sign in English. She does not remeber even which school she has studied in Madurai and not having any transfer/Leaving certificate or birth certificate indicating the subject information (Place & Date of Birth).

Please be noted that the available documents are : She is having Aadhar Card, Name in Ration Card, Bank Passbook with photo/address etc, Voters ID, in my father's pension book - her name is indicated (wife), etc.

She can sign an Affidavit with Notary attestation for her place/date of birth if she is an illiterate/semi-literate but in this case my mother is not illiterate as I indicated above! (otherwise whether she has to declare as in the affidavit as illeterate for the proof of DOB & POB?)

In the above documents nowhere indicated her place of birth / date of birth. In the Voter's ID Card/Ration Card, age (apprximately) only mentioned. In this particular situation how could I apply for a Passport for her preferably if I need in Tatkal scheme?

NB: There are legal property agreements (purchased by) in both of my parents' name.

So please be advised my how could I approach the Passport Officer on this particular case. Please note that I have contacted Passport Seva personnel and they are not able to provide any other advice other than the norms/conditions as per the required documents.

Your prompt response and advice will be highly appreciated with thanks in advance.

with best regards

gk


ABDUL RAZIQUEOnline (Expert)
15 October 2013

Dear
Your Case No.1 &2 is same with minor differences. so your father and mother both separately sworn affidavit before the first class Judicial Magistrate or Metropolitan Magistrate, regarding place of birth in which he/she also declare his/her date of birth, by the support of your mentioned documents.

Why you want to show your mother is illiterate while she read up to std 8.



Sarvesh Kumar Sharma Advocate (Expert)
15 October 2013

File Affidavit for this issue !

Devajyoti BarmanOnline (Expert)
16 October 2013

Too long a query..anyway do as advised above.

gkOnline (Querist)
16 October 2013

Dear Sirs,

File affidavit means ... what is the procedure for the same? and the query is a long one since I need to explain the situation clearly to the reader, without any further clarifications required again from my side, I feel .... sorry for the same.

gkOnline (Querist)
16 October 2013

Dear Abdul Sir,

I have not seen any other option in the passport instruction guidelines other than to declare herself that she is illiterate.... because that particular affidavit is only for the illiterate persons. I have never seen any option for a person who is 6th class or above without any leaving certificate or other relevant docs as a proof, surely I never liked to make her illiterate but the norms and terms made me (or the persons like me) to chose that option ....!

Thanks
regards
gk

Devajyoti BarmanOnline (Expert)
16 October 2013

Talk to passport authority to resolve the dispute.

ABDUL RAZIQUEOnline (Expert)
16 October 2013

Dear gk,

As per my knowledge when a person have no any relevant document regarding DOB or POB, who submit an affidavit as describe above by me.

other than you contact senior Passport officer/authority,

sorry for any other advice that is out of beyond me.

gkOnline (Querist)
18 October 2013

Dear Abdul Sir,

If we have the relevant document, there is no need of Affidavit surely, the docs itself can be submitted. But it is not possible OR it is irrelevant to make a document for the submission to Passport Authority.

If the Authority is simply telling that we need docs, then what we could do in such above cases, whether we need to create a doc, or I need to declare that my mother is illiterate ..... that means something wrong in this system .... So I feel that there should be definitely a way of solution for such cases which may not be aware by the PP Authorities OR beyond their support ... but legal advisers may be aware, that is what I am looking sir ... contacting PP authority, no use, they are just quoting the same norms mentioned as below:


You need to attach the documents for proof of your date of birth. Refer Section D “Table-3- Document No. 2” of the passport instruction booklet for details.
Note:
For applicants born on or after 26.01.89, only Birth Certificate issued by the Municipal Authority or any office authorized to issue Birth and Death Certificate by the Registrar of Births & Deaths is accepted. No other document will be accepted as proof of date of birth. In case of any doubt please visit our website www.passportindia.gov.in

Section D “Table-3- Document No. 2. Proof of Date of Birth.

For Proof of Date of Birth attach one of the following documents:

For applicants born on or after 26.01.89, only Birth Certificate issued by the Municipal Authority or any office authorized to issue Birth and Death Certificate by the Registrar of Births & Deaths is acceptable.

The Birth Certificate should ordinarily contain the name of child, name of father and mother, date of birth, place of birth, sex, registration number and date of registration. If the Birth Certificate doesn’t contain the name of child, a declaration on plain paper signed by parents, is required to be submitted specifying the name of the child.

a. Birth certificate issued by a Municipal Authority or any office authorized to issue Birth and Death Certificate by the Registrar of Births & Deaths

b. School leaving certificate / Secondary School leaving certificate/ Certificate of Recognized Boards from the school last attended by the applicant or any other recognized educational institution

c. Affidavit sworn before a Magistrate/Notary stating date/place of birth as per the specimen in Annexure "A" by illiterate or semi-illiterate applicants (Less than 5th class).


(Sorry to make this query quite a long one sir, but I need to get a practical and legal solution

Thanks
regards
gk


Vidhi JoshiOnline (Expert)
18 October 2013

Its better to approach the local passport office or call on passport india's helpline number, an affidavit can solve this problem.

R.K NandaOnline (Expert)
18 October 2013

agree with experts.

gkOnline (Querist)
18 October 2013

Contacted...... their advice is to make her illiterate is the best solution ... !

R.K NandaOnline (Expert)
18 October 2013

why they said so ?

Rajendra K Goyal Online (Expert)
21 October 2013

Write a mail to passport office and also send them letter in writing asking them for the documents required in such case. Since they are to issue the passport, they can better suggest the documents in such case.

ABDUL RAZIQUEOnline (Expert)
21 October 2013

nothing more to add.



You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :









×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x