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ANU KANIYALI (ADVOCATE)     12 July 2011

Date of Birth Correction in Birth Certificate

Dear Experts, Please help me in the below matter:

     One of my clients is working in Dubai. While working in a Jewellery Shop he applied for some other job and he was called for an interview. At this stage, the Company the interviewer saw the difference in my client's date of birth when he compared the Birth Certificate and Passport. Now my client instructs me that in all his academic certificates his date of birth is 20-02-1986, which is the correct date of birth, and that even the date of birth mentioned in his Passport is also correct. But the date of birth mentioned in the Birth Certificate is not correct.

     My client now wants to get the date of birth mentioned in the Birth Certificate changed so that it tallys with the date of birth mentioned in the passport as well as other academic certificates.

     My question is whether this is possible? And if possible, how long the process will take?

     Kindly give me the solution to this matter at the earliest.

    



 10 Replies

THANKACHAN V P (Advocate & Notary)     12 July 2011

I think your client cannot correct DOB shown in the  original birth certificate. But you can correct the DOB in the passport and other documents in accordance with your original birth certificate issued by Panchayath or Municipality.

 VP THANKACHAN
ADVOCATE
KERALA

1 Like

Shashikant V. Patil (Lawyer)     12 July 2011

Is it typing error in original date of birth certificate or what?  because  date of birth of original certificate cannot be changed  however, other documents can be corrected on the basis of original date of birth certificate.  As Mr. Thakchan is rightly stated.  If it is foulplay, it is not possible.  If it is error on the part of issuing authority.  Collect certificate from Hospital where birth took place and apply to Commissionr on oath for rectification.

1 Like

ANU KANIYALI (ADVOCATE)     12 July 2011

Dear Shashikanth Sir, you have stated in your reply to my query to collect certificate from Hospital where the birth took place. I didn't understand this. Because, certificate is already with us. You have also mentioned about applying to Commissioner on Oath for rectification.

     Could you kindly tell me who is a Commissioner on Oath and how the application is to be made, i mean, whether there is any particular format in this regard? 

Shashikant V. Patil (Lawyer)     14 July 2011

I mean that, if your DOB is in hospital record is differ and reflects in Municipal record is wrongly , then in such circumstances , the correction would have been possible.  But in your case, you say that, on other documents the DOB is correct and  wrong in original DOB certificate.  Then how the correct one is entered in other record is not understood. Secondly, the facts would be stated on oath to authority i.e Muncipal Commissioner for the rectification.  Now question is how the DOB wrongly entered in Original certificate accepted by the individual without paying heed on date? which is a utmost important document.

1 Like

Kumar Doab (FIN)     14 July 2011

You have posted that DOB of your client is correct in all educational certificates and passport, and DOB in birth certificate is wrong.

If his DOB in hospital certificate is same as that of educational certificates and passport, then you can proceed as per wishes of your client.

For the issue of birth certificate applicant has to fill up a form and enclose copy of birth certificate issued by hospital, panchayat etc.The form is checked and tallied by the staff and in case of error an be rejected.

You may enquire from the office which has issued the birth certificate with wrong DOB.They shall explain the exact current procedure for compliance.

1 Like

mohit (none)     20 October 2014

But what to do if hospital says we do not have any records ? And and your birth date needs to be changed in certificate. ?

Shardhesh Dharra (Software Developer)     19 December 2014

Hello Sir,

Please help me out here.

I have to apply for the Passport and as I have born after 1989, I have to provide my Birth Certificate for it.

Safidon Municipal Corp, Harayana have issued my Birth Certificate for 19th Jul 1989 which is wrong and my correct DOB is 8th July 1989 i.e. in my 10th, 12th Class certificates and other related document for passport.

The Hospital in which I was born is demolished. So i do not have the record from there.

Kindly let me know how can I get this issue resolved and get a correct Birth Certificate.

 

Thanks & Best Regards,

Shardhesh Dharra

+91-9663149496

Balan Kuyyamballi   27 September 2015

Sir,

My brother's son wanted to apply for Passport,. He need to change DOB on birth certificate. In all his records DOB is given as 20.05.1991, but in his birth certificate it is 03.03.1991(his real DOB) from Eramala Grama Panchayath, VatakaraTaluk, Kozhikode Dist. Kerala .St.

He wants to change 20.05.1991 as all his certificate have that date.

My question is whether this is possible? And if possible, how long the process will take?

     Kindly give me the solution to this matter at the earliest.

Balan Kuyyamballi

Mob> 8086544151

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 December 2015

Mr. Balan, 

Your brothers son has to file a suit for declaration of correct date of birth in a local courts.

Ghanshyam K Vaghani   02 April 2019

Hello Friend,

In Gujarat we are facing same problem widely. What we can do here is thiswise. First of all we would aproach  issuing authority of birth cirtificate by way of representation. Mostly it is like simple application format with all the documents which shows correct DOB (date of birth) along with the birth certificate. In most of the cases issuing authority rejecting the representation made by the applicant straight way. In some cases the issuing authority also correct the birth certificate and issue new one with necessary correction.If in case rejection of representaton we approach direct High Court of Gujarat under article 226 of the Cconstitution of India, 1950, after consideration all aspect order will be passed by the HC with a direction to correct the DOB in birth certificate of the petitioner. If you send me you email id I will send my petition of better idea.

In our contry registraion of birth and death is govern under The Birht and Death Registration Act, 1969. Sec.11 of the said act itself provided that the issuing authority has power to correct any enrty of the register which maintan by him. In Gujrat we have The Registraion of  Birht, Death and Marriage Registraion Rules, 2004 for the same and Rule 15 also  same provision. I don't  know in your state you have rules or not. Kindly go through it.

 

Thanks

G K Vaghani, Advocate


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