• Need a court order to change place of birth in passport

Me and my husband both have wrong place of birth in our passports. When we filed our passports,we did not have any birth certificates. So place of birth was put according to our educational documents. Recently we got our birth certificate issued and want to change the plan of birth according to our BC. Our birth certificate was issued from Murshidabad, West Bengal. Our passports were issued from Hyderabad RPO. Currently my husband is in USA and when he approached Indian embassy there, they asked us to get a court order from first class magistrate or above. Now we want a good lawyer who can handle our case to get it done. I have few questions...
1. What is the whole procedure??
2. Can the whole thing be done without our absence as we will be in USA. If yes how??
3.what are the documents required for the process??
4. What original documents would be mandatory as the originals would be with us...
5.How long will it take to get it done??
6. What will be total expenses?
7.From where we have to file the case??
Asked 7 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

5 Answers

1) you have to make application to court to change date of birth in your passport

2) enclose your birth certificate which mention correct place of birth . also enclose copy of your passport

3) your personal presence would be necessary for filing application

4) you can execute POA in favour of family member to be present on various dates

5) it should take around 6 months

6) legal fees vary depending upon lawyer engaged by you

7) application can be filed in hyderabad as you are residing in Hyderabad and passport issued from Hyderabad

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Since you're from Kolkata if you wish I an help you on this account.

FEEL FREE TO CONTACT.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. You need an order from the civil judge, not a judicial magistrate. A suit for mandatory injunction is required to be filed in the court of competent civil judge.

2. To file the suit you are not required to appear before the court as you can sign the documents and post to your lawyer in India.

3. The entire process is likely to take a few months to culminate.

4. The expenses will be the fee of your lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You shall have to get an affidavit from 1st Class Judicial Magistrate of the place where you were born affirming that inadvertently wrong date of place were mentioned in your birth certificates for which all your educational certificates and passport shows a wrong birth place which is now required to be changed.

2. the said affirmation before 1st class judicial magistrate is generally called court order.

3. Avail the said affidavit and apply for correction of the birth place in all your documents including passport.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. You can file a declaratory suit before a civil court to declare the correct place of brth and a direction to the concerned authority for making rectifications in the passport accordingly.

2. The suit to be filed and to be conducted through your advocate. You both may be required to be present before court during the time of deposing evidence.

3. The old document to show your birth place and the new document supporting your present claim, passport copy etc.

4. You would be required to submit original documents at least for comparison with the photo copies by the court.

5. The time taken for disposal of the suit may be six months or depends on how fast your advocate takes up the case through court.

6. The advocate fee cannot be predicted, it depends o the advocate you may try to engage.

7. Within the juridiction of your native place.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer