• Passport DOB change

I have 2 birth certificates but with one day different. One was registered stating born at home. And the other was registered directly by hospital. Both are genuine and registered in municipality.
I got the passport about 17 years back with birth certificate date mentioned less. 
Now I want to renew passport with date and place change by giving other original birth certificate which was registered by hospital.
How do I face the situation with passport officer questions.
Asked 8 years ago in Civil Law

8 answers received in 1 day.

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8 Answers

1) you could either have been born at home or at hospital

2) both certificates cannot be genuine

3) you will have problems when you apply to passport office for renewal of your passport by relying on second birth certificate

4) make an application to registrar of birth for cancellation of second birth certificate as it does not reflect yourcorrect date of birth

5) after it had been cancelled then only apply for passport withcorrect birth certificate

6) mention that you were not aware of second birth certificate and on discovery of the mistake you have immediately cancelled the second birth certificate

Ajay Sethi
Advocate, Mumbai
97157 Answers
7843 Consultations

1. The passport authorities are in better place to tell the formalities to change the birth date as far as passport is concerned.

2. In general if there is discrepancy in date of birth I advise clients to make an affidavit in the Magistrate's court mentioning the correct date and then make the paper publication.

3. You can also adopt the same procedure to change the DOB in passport provided the passport authority allows the same.

4.Else you gave to act as per their requirement.

5. I think to avoid complications you should continue with the same DOB as mentioned in the passport presently.

Devajyoti Barman
Advocate, Kolkata
23264 Answers
515 Consultations

1) you can request passport office to give in writing but it is doubtful they would do so

2) no legal case would be filed against you as you have on own free will requested for cancellation of second birth certificate

3) it should not take more than 15 days time for cancellation of second birth certificate

Ajay Sethi
Advocate, Mumbai
97157 Answers
7843 Consultations

1. if want to change the DOB mentioned in municipality certificate then you should give an undertaking before the RPO regarding production of municipality document.

2. you should try to take ratified certificate from the municipality as early as possible.

3. if undertaking is accepted by the RPO, he shall not take any action till the production of that document.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Now I want to renew passport with date and place change by giving other original birth certificate which was registered by hospital.

How do I face the situation with passport officer questions.

The passport authorities may not entertain any such application for change of vital information even though the supporting documents may be genuine for the purpose.

However you may send an application requesting the rectification to be carried out in the existing passport, if the passport authorities refuse to oblige then you may aproach court with a declaration suit requesting to pass a decree and judgment declaring the correct date of birth and place of birth with a direction to the authorities to incorporate the amendment in the passport

You may contact an advocate in the local and get the job done.

T Kalaiselvan
Advocate, Vellore
87359 Answers
2347 Consultations

I would like to ask the question after the response from you.

You can very well ask many questions even after that.

T Kalaiselvan
Advocate, Vellore
87359 Answers
2347 Consultations

The passport authorities are not having any authority over municipality to direct them to cancel the birth certificate which is not considered by them as valid for issue of passport.

You may have to approach court for getting an order to cancel the same.

How much time will it take to cancel BC in municipality? and will they initiate legal case against me?

Dont be under any misconception or misguidance that the municipal authorities would cancel any record just like when you apply for, only a court order will be binding and not anybody's direction in this regard.

Will i get any written proof/acknowledgement from municipality once cancelled?

If you cannot even approach municipality for this then where is the question of an acknowledgement once it is cancelled

T Kalaiselvan
Advocate, Vellore
87359 Answers
2347 Consultations

1. You had obtained a passport on the strength of one birth certificate which was applied for and obtained directly by you. The RPO will most likely ask you to apply for the cancellation of the birth certificate which you want to discard and only thereafter process your application for passport renewal.

2. Things move at a snail's pace in municipalities, so it may take around a month to two. If they do not cancel it on their own then a suit for mandatory injunction can be filed.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

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