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viplav (abc)     10 February 2014

Birth certificate after 24 years

Dear sir, i am living in gandhinagar (gujarat), i was born in a village (jind) in haryana 24 years ago. i don't have my birth certificate which i needed for passport. when i contact to sarpanch of my village, then they said they dont registered or entered my name in the record so i am confused what to do? please suggest me for getting my birth certificate. whether my parents have to come in haryana?? and if there is any advocate then please give me his contact detail.



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 February 2014

If birth is on or BEFORE  01/04/1989. 
Procedure will be a bit complicated. First, apply for copy of the birth certificate with the Panchayat. If the birth is not registered, Panchayat will issue an endorsement or reply to your application, expressing their inability, since no such birth is found recorded in the register. 
Then you have to file an original suit at the Munsif's court, against the Panchayat praying for a direction to the Panchayat to register your birth and issue a certificate. For this lawyer's assistance will be required. The pleadings are to be drafted properly. 
Court will admit the case and order issue of notice to the defendant (the Panchayat). If you want to expedite, you have to see that the notice is prepared at the office of the court quite fast and served on the defendant through court amin (process server), without delay. 
On the date of hearing a government advocate will appear on behalf of the Panchayat and file a writtenstatement from the defendant, that day or on the next date of hearing. Then you have to lead evidence by filing affidavits prepared by your lawyer and signed by your parent(s) or in their absence, any elderly blood relation, who knew your birth. A perfunctory cross examination will be done by the government advocate and after hearing arguments of both sides, if any, the court would pronounce the orders, allowing the suit, in normal circumstances. 
Your lawyer will obtain the certified copy of the order of the court anf furnish the same to you. 
With this court order, you have to make application with fee, to the Panchayat again for registering your birth and issue a certificate. 
The normal time of court proceedings depens on the workload of the court. But a simple case like this, with an energetic lawyer, would get disposed off in four to six months. Lawyer's fee is variable but at a Taluk place this may be around Rs.3000 to Rs.5000. 
There is no short cut. 
Such registration is possible only at the place of birth, and it is always better to adhere to truth. 
Visit to court is only once or twice, by the witnesses filing affidavit and for cross examination. Court fee is nominal.

viplav (abc)     10 February 2014

Dear sir, thank you for your reply and giving me your valuable time,

my birth date is 20-07-1989, is the procedure same??

i have driving licence, pan card, school LC and other useful documnet.


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