• Court order for change in name

Hello! I have applied for fresh passport and they raised a query in my submitted documents. In my Old Birth Certificate my fathers name is "Rajan Keshavan Nair" (which is wrong) and after I renewed my Birth Certificate I corrected it and changed my fathers name to "Rajan Vayalil Nair" (the correct one) at my local municipality sub registrar office. The Sub Registrar Office sent a clarification letter to passport office regarding the correction in my fathers name as valid and with reference to all my fathers identity documents. My father is a govt employee and has all necessary documents like PAN card, Election Card, License and Bank Account with the correct name. Passport Authorities are now asking me to show my father's passport which my father does not have. So they said me to bring a court order for that. One thing I do not understand is in my old birth certificate there was a mistake in my fathers name which I renewed it with proper correction in my fathers name by submitting all my fathers legal identifications. Gandhinagar Sub Registrar Office sent a clarification letter to passport authorities regarding the change of fathers name. Then why are these passport authorities still referring to my father's name from old birth certificate?
Could anybody please guide me on how can resolve this matter?
Asked 2 years ago in Civil Law from Gandhinagar, Gujarat
1)if  muncipal corporation has corrected your father name in your birth certificate based on his PAN card , election card etc the passport authorities should not have any problems in issue of passport to you

2) further letter has been issued by  sub registrar office in this regard .

3) the passport office should issue you passport . 

4) please clarify  has the passport authorities given in writing that court order is necessary? 

5) file writ petition in Gujarat HC to direct passport office to issue passport
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hello,
1) As there was a correction required in your father's name in his old birth certificate you got it rectified and in support of the same the office of the sub Registrar's office sent a letter of clarification to the passport office.

2) I don't see why the passport office should not issue the passport to you with the correction in name.

3) It is pertinent to know if the Passport Office issued you a letter asking you to obtain a court order. If it is not and if it is only communicated verbally, ask them to issue a formal letter to you. Meet the Regional Passport Officer in person to see if he can help.

4) You can file a writ petition in the High Court to a-give an order to the passport office to issue the passport to you as there is no reason for them not to do so.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
1.You have stated "I have applied for fresh passport ". Do you mean that you have applied for a passport?

2.You have also stated "after I renewed my Birth Certificate I corrected it and changed my fathers name to "Rajan Vayalil Nair" (the correct one) at my local municipality sub registrar office". Why did you renew your birth certificates? Birth Certificates are not to be renewed at all. Did you mean than you have corrected the mistake made in your birth certificate? If yes, after how many years of issuing the original birth certificate, you had corrected it?

3. If you have corrected your birth father's name in your birth certificate, did you receive any fresh birth certificate?

4. The above information are required to advise properly,

5. However, passport office is very sensitive about the identification of the applicant which is established through those basic documents like birth certificate, school leaving certificate etc.,

5. You can file a declaratory suit before the court praying for an order declaring  that your father's name is  "Rajan Vayalil Nair" and directing the passport authority to recod it accordingly while issuing you the passport,

6. Alternatively your father can obtain a passport copy of which you can submit as desired by the passport authority.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Dear Querist
there is two option, either you can fight against the passport officer before court or you may file a civil suit for declaration and get the court order and fulfill the requirement and get your passport.

the second option is easy and convenient.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Hi, it is better you have to approach civil court for correction in the name of your father in the Birth Certificate.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

Ask a Lawyer

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

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1917 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0