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ANU KANIYALI (ADVOCATE)     14 May 2011

Date of Birth mistake in Passport

Respected All,

I am Anu here. A person came to me and placed before me two papers. One was a photostat copy of Passport of another person (Let me call him 'A' for convenience). Another paper was A's Birth Certificate. The person told me that the date of birth shown in the Passport is wrong and that an Affidavit has to be prepared in this connection. Mr. A is working in some Gulf Country, and he is not in India right now. When A is not in India, how can the Affidavit be attested in India?

     Of course, I am thinking of preparing an Affidavit on Rs.20/- e-Stamp Paper and sending it to Mr. A so that he can get it attested from Indian Embasy in gulf. 

     Therefore, I request the experts to give their suggestion in this regard at the earliest.

    

    

   



Learning

 12 Replies

Ravikant Soni (LAWYER IN JAIPUR)     14 May 2011

Of course, I am thinking of preparing an Affidavit on Rs.20/- e-Stamp Paper and sending it to Mr. A so that he can get it attested from Indian Embasy in gulf. 

You r going well. this is only procedure.

1 Like

Om Prakash Dhusia (HR assistant)     14 May 2011

Dear Ms.Annu and Mr.Ravikant Soni: Sorry to say that I differ on such idea.

First of all, every sovereign nation adopt certain diplomatic channels for attest/ratify/endorse any document.

I am not going into how it could be possible for an advocate to notarise an affidavit while the applicant is staying abroad and not present in India?

But if at all an advocate could notarise the affidavit but if any document, I repeat any document requires to be used abroad has to be ratified by the external affairs wing, which at Delhi is adjacent to patiala house court's complex and at Lucknow, in Gomati nagar.After being ratified as mentioned it either can be endorsed by the respective embassy/consulate in India but that requires applicant's passport or can be submitted to External affairs wing at applicant's conutry of residence and finally it can be submitted to Indian Embassy/Consulate as the case may be for the needful.

Any ammendments/changes in such protocol have been introduced during present time is not known to me and if so then accept my aplogies for misguiding.

It is not possible to change date of birth in passport at Indian passport office in the absence of any court order in this regards.

Thanks folks.

Om Prakash Dhusia (HR assistant)     14 May 2011

And futherence to my earlier reply since the applicant is Indian and staying abroad, the document requires to be ratified/endorsed by the External affairs wing adjacent to Patiala House court's complex at New Delhi and he can submit to Indian Embassy/Consulate directly but in case any document requires to be submitted for use in some other country's official channels then it has to be submitted to external affairs wing of that respective country.

Regards

Om Prakash Dhusia (HR assistant)     15 May 2011

Dear Anu:It was just an assumption to address you Ms if it is the adverse then kindly excuse me.As I am still confused as to whether: 

a) Mistake in date of birth was on the part of Passport Authority?

b) Is it newly issued Passport at India or renewed at some gulf country?

c) If it was new passport issued at India and mistake is their's then they would never agree to it an even threaten the passport holder for criminal action because during past Lucknow Passport authority did the same with a citizen and he had to retreat and accepted the mistake of PP Authority Lucknow and never dare to attemp the change.

d) If it is renewed overseas then also Indian Embassy/Consulate would not accept any document because Indian Embassy overseas issues after due verification from the previous issuer.In this case it would be Indian office.

Kindly confirm before doing anything but this has to be ratified by the External affairs wing adjacent to Patiala House Court Complex if at New Delhi, free of cost.Document can be submitted at 0900 Hrs and collected the same day after 1500 Hrs.

Regards.

1 Like

ANU KANIYALI (ADVOCATE)     17 May 2011

But, Dhusia Sir, my client does not want any date of birth correction in his Passport. The thing is that my client, who is abroad and working in some concern, had applied for a new job, and that new concern officials returned his application citing the Birth Date difference in his Birth Certificate and Passport.  The officials of that new concern in which my client had applied for a job, just want a translated version of my client's Birth Certificate as well as some authentication regarding Date of Birth. That is why I have prepared the Affidavit so that if I send it abroad, my client would get it attested from there. Plese guide me.

Om Prakash Dhusia (HR assistant)     17 May 2011

Dear Anu, ultimately the conclusion is that it is the wrong DOB on passport.

Actually on the onset he should not have submitted his birth certificate sine passport would have sufficed his purpose to prove his DOB.But there may be difference in his other certifactes too,namely any diploma or degree etc.Now since he has already submitted his credentials to his would be employer, the passport and DOB and there is a difference between the two which can not be solved on the basis of affidavit, because affidavit is just a statement by the individual on oath duly attested by the notary and he has alredy submitted the double documents.Affidavit can never replace a authenticate certificate and  being a lawyer you are aware better than me.

And since he would be using it abroad then the procedure is the same which I have already explained.

I only can say,better leave this chance and in future if all other certificates match with passport particulars,better he submit that and forget about his actual birth certificate otherwise he would face the same problem time and again or get it corrected on his paasport as I have also explained or if you really wanna ditch that guy simply do what is requested by him and recieve your fee but that would be un-ethical, I suppose.

In that case you would be the better judge.

Regards.

1 Like

Lokesh (advocate)     27 May 2011

Dear Ms.Anu,

I am not going to opine any course of action for your remedy. But i suggest you to clarify the following points>

1. When was the passport issued?

2. Whether it was renewed subsequently and how many times it was renewed by the issuing authority? If was renewed just get the reason for the delay.

3. Just see if the date of birth in the Passport is greater than the original birth certificate (this is becos, sometimes the agents would get the passport by showing the minor as major by altering the date of birth). If date of birth in the Passport is greater than the birth certificate, then it is a serious offence and there is a chance that the passport authority might initiate action against your client, if the discrepancy is not found and rectified immediately after receiving the passport.

Lokesh Kumar.V

 

 

1 Like

SUBRAT BISWAS (Manager)     15 April 2013

 

With reference to above, we have issued passport in the name of my daughter Miss Archita Biswas on 31/03/2008 by mistake we produced date of birth certificate received from our parents (Bhubaneswar), Orissa technical/typing error 12/09/2002 insted of 12/09/2003 but we immediatly rectified it and in the mean time we have received passport with date of birth 12/09/2002, at the time of renewal we produced original date of birth certificate 12/09/2003, but your staff denied to re-issue passport.
 
Therefore we request you please guide us according what can we do for re-issued my daughter passport.
 
with regards,
 
 
Subrat Biswas
9413396915
8003493962

Asad khan (Student)     18 June 2013

I hav d same prob plz somebody get me out of dis ..m studying abroad nd not getting admission bcoz of d mistake in DOB in my passport :( My no. +971561371086

Arora (Sales VP)     15 August 2013

Dear Sir,

I have a problem, in my school certificate my dob is one month prior to what my actual dob is, and in my expired passport its my actual dob.

now i want to re apply for passport, how can i cange dob in passport because i want to continue with the same dob which is running in my school records.


Can you please provide me any solution or any affidavit which i need to present in front of passport office,

I will be highly obliged

Priya Sukumaran (Consultant)     16 September 2013

Hi Anu

 

The person in Gulf must come to India and get the Birth Certificate rectified of the Passport through proper channel

1. If the person needs to change in passport, he can give an affidavit stating that his birth certificate dob is right and apply for a new passport

2. He can go to corporation building, take the help of a lawyer and get a new birth certificate through court in 35 days time stating that the passport date of birth is valid.

Whichever way he adopts, he must be present here.. No notary of Indian government will be valid in abroad.

Deepak (Student)     14 September 2014

Sorry to post here... Looking for quick help please..
 

Hi,

My name is Deepak and I was born in 1992. I am looking to apply new Passport for me with my full name "Deepak Munjal" but I have only first name mentioned in the Birth Certificate(DOB Proof) and only first name mentioned in the Aadhaar Card( Address Proof). 

However, I have FULL name mentioned in my 10th Marksheet (NECR Proof).

Can you please let me know if I need the Affidavit for name change with advertisement in the news papers. Please let me know if we can have any other issue at the time of interview at PSK or in case any other document required.

Also, Let me know which Annexure Affidavit is required and whar name etc should I mention on the same. Please let me know asap. Thanks for your help.

Regards,

Deepak


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