• DOB in passport and 10th certificate different

Hello ,
My DOB in my passport and original birth proof I.e., birth certificate through the MCF is 14.06.1991. 
Now the problem lies in the fact that my parents submitted a fake birth certificate for admission in a school which had age limit for admitting students which says my DOB is 14.06.1992, and they did not get it revised in the MCF. 
They applied for my passport when I was a minor and submitted my original Birth certificate of 14.06.1991. 
Now when after my graduation level studies I wanted to pursue further studies abroad I am facing this problem of having a different set of DOB's in all my educational certificates and identity proofs (1992) and the passport (1991). I applied for a new passport with a revised DOB of 14.06.1992 with all my proofs and documents but it got hold and they had enquired the MCF and got the original details and I was told that I can get the passport for 1991 only else I need order of the court. I tried that too , the court order was going against me so I widhrawed it as I was scared of being blacklisted from having a passport and accepted the 1991 DOB passport. They even took in written from me that I will now never try to change my DOB in my passport. 
I have got a great opportunity in the UK and I am sure I will never get visa with this problem. 
I m depressed and cannot figure out what I should do now. It's next to impossible to change DOB in 10th mark sheet now and also in the passport. Can an apology appeal by my parents for making this mistake help ? As I was a minor and I had no intention of fraud. 

Please get me some suggestions.
Asked 8 years ago in Civil Law

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5 Answers

1) you have given undertaking you will never try to change your date of birth in your passport

2)apology letter from your parents would not help you

3) fraud has been committed by your parents .

4)you cannot rely upon fake birth certificate to change your date of birth in passport

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It is an offence to obtain fraudulent birth certificate mentioning wrong date of birth

2) hence you cannot obtain new passport based on birth certificate 14th June 1992 when you were born on 14th June 1991

3) court has taken undertaking from you that you would not change date of birth in passport

4) if you try todo so it would be contempt of court

5) there is no solution for changing date of birth in passport

6) you can only file petition to change your date of birth in school leaving certificate

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

I have got a great opportunity in the UK and I am sure I will never get visa with this problem.

I m depressed and cannot figure out what I should do now. It's next to impossible to change DOB in 10th mark sheet now and also in the passport. Can an apology appeal by my parents for making this mistake help ? As I was a minor and I had no intention of fraud.

Apology or any letter from your parents at this stage will not fetch you any relief.

The next alternative is to declare your correct date of birth through a court of law.

The correct date of birth is the the one mentioned in the birth certificate.

If so then you may have to file a declaratory suit seeking to declare your correct date of birth as per birth certificate, upon which a decree will be drawn, and you can keep the certified court decree copy with you and that can be produced wherever you are required to submit the date of birth particulars

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

So what is the solution any possible way to conclude this problem.? There must be some possibility at least. It is not a crime any penalty or something

The solution for this has been suggested in the previous reply.

You may consult an advocate in the local and proceed with filing a declaration suit before the appropriate civil court within your jurisdiction.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Hello,

You can try and approach the High Court and get a direction from there, but chances are really bleak but that is the only concrete step that you are left with. If the judge of High Court will get convinced then you will get an appropriate direction from the court.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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