• Birth date is different in passport and birth certificate

Respected sir,
I have problem that birthdate in my birth certificate is different from my all other documents like living certificate, passport, adhar and pan card. 
So now what I do for that ?how I proceed to change that? I want this for the Immigration in USA
Asked 5 years ago in Civil Law

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17 Answers

Gujarat Registration of Births and Deaths Rules, 2004 vide notification dated 9th January, 2004 and came to be published in Official Gazette on 22nd January, 2004 and as on date the above Rules framed by the State of Gujarat are in force. The above Rules, framed by the State of Gujarat in 2004, provided Rule 11 for correction or cancellation of entry in the register of Births and Deaths.

You can approach the Registrar, Births and Deaths, and under this rule and make application that there is error in your birth records and that needs to be amended. All the relevant documents stating your correct death and other supporting documents needs to be enclosed.

If.you donot get proper relief from.registrar than So far as High Court of Gujarat is concerned there are two decisions of Division Bench, one is in the case of Mulla Faizal @ Fazilabanu Suleman Ibrahim v. State of Gujarat and Ors. as reported in Letters Patent Appeal No. 195 of 1999 is the authority with regard to exercise of power by the Court in writ jurisdiction to grant proper relief to a citizen with regard to similar relief.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

What is your correct date of birth ?

Apply for reissue of passport so that passport would reflect date of birth as per birth certificate

Ajay Sethi
Advocate, Mumbai
89045 Answers
6352 Consultations

5.0 on 5.0

If there are two different date of broth in different documents then you will have to choose one of those.

Once You choose on as the correct one ,you will have to make an affidavit sating the same to be your true and actual DOB.

The affidavit is to be done through the court of the magistrate.

After the searing of affidavit make a paper public and thereafter whenever the anomaly is raised on the issue of DOB you can rely on the affidavit to be your actual DOB.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
408 Consultations

5.0 on 5.0

1) Birth Certificate (BC) issued by the Registrar of Births & Deaths or the Municipal ... Card (EPIC) issued by the Election Commission of India, PAN card, Adhar Card, etc

Apply to the municipal authority to get the birth certificate stating the name of your parents & date of birth.

a) If your birth is not registered, in that case obtain a negative certificate which state that your birth is not registered in there record & hence no birth certificate can be given.

b) After obtaining the above mentioned certificate, you have to apply in the court of Judicial Magistrate First Class against the Municipal Authority & make prayer to registered your birth in their register.

c) You have to submit your school leaving certificate & the Negative certificate of Municipal Authority along with your application.

d) The Court will record your deposition as well as deposition of concerned officer of Municipal Authority & thereafter pass suitable order in your favour.

e) After the order from the court the Municipal Authority will register your birth in there register & you have to pay the late fees & there after you will get your Birth Certificate.

Ganesh Kadam
Advocate, Pune
12420 Answers
193 Consultations

4.9 on 5.0

1. Which date is correct?

2. Birth Certificate is the primary documentary proof of the date of birth of the individual.

3. The date of birth on the birth certificate cannot now be changed unless you can produce hospital record to prove that the date of birth mentioned on the birth certificate is erroneous. Better change the date of birth in other documents.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Apply for the same before the Passport office, means file an application for change in the date of birth along with the required fee, the matter will be taken up by the passport officer of your area who decided the matter on merit as per law.

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

You may have to bring the rectification to the birth certificate.

Approach the jurisdictional registrar of Births and deaths for correction in the certificate, the authority has the right to change or may issue an endorsement.

Based on the endorsement you can file a petition before the Jurisdictional Honourable Magistrate for necessary orders.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

On the strength of your DOB on your birth certificate, get your DOB corrected on all your identities, including Aadhar, PAN card and passport.

This is the best case, because for changing the DOB on your birth certificate, you will need a Court order.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

Collect all your documents and go to the birth cerficate issuing authority to issue the new one or ask them to allow you to give the affidavit also disclosing all the information.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

You have to inform and apply with the department of birth and death of your jurisdiction. File an application with affidavit to show the correct name as per the documents. They will have to alter the same in records. If they are still not adhering to the same you have to take directions from the local court for the same .

Prashant Nayak
Advocate, Mumbai
28075 Answers
93 Consultations

4.4 on 5.0

Hello,

On the basis of the birth certificate first get the correction made on the passport and then subsequently get the DOB changed in other documents like PAN, AADHAR.

You may find the guideline with regards to the same in the following document:

http://passportindia.gov.in/AppOnlineProject/pdf/AHD_IS-0130249_Y.pdf

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Please submit affidavit to concerned authority along with birth certificate if they accept it your work will be done easily. Or you may need to file a civil suit declaring the person born on that day is same and to direct authorities to change date of birth in documents.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You may have to approach the Indian embassy and submit all the proofs along with affidavit if you are out of India. If you are in India then it will be very easy that you have to take online appointment from passport authority website and then go to office bring all the original documents with affidavit and submit them. If they prescribed you to furnish any other annexture or affidavit then do that and you will get the new passport with dob corrected in 7 days.

Sivasubramanian B
Advocate, Chennai
47 Answers
3 Consultations

4.8 on 5.0

hi, you can get it altered from the respective authorities by making a affidavit..

Hemant Chaudhary
Advocate, Gurgaon
4626 Answers
67 Consultations

4.9 on 5.0

Why there is a difference, how did it occur.?

Which one is the original date of birth?

If your birth certificate date do not match the DOB in the passport, then you may apply for change of date of birth based on the copy of the birth certificate.

On their refusal you may aproach court with a suit for declaring your date of birth seeking direction to registrar of births and deaths to make correction in the birth registrar, then you can get the birth certificate, which would solve the problem

T Kalaiselvan
Advocate, Vellore
79211 Answers
1615 Consultations

5.0 on 5.0

1. Is your father or whoever had arranged for your birth certificate when you were just born, alive. Who had issued the said birth certificate? Is it your Corporation?

2. If yes, then your father or if he is no more, then your mother or any other elder person should execute an affidavit before the 1st Class Judicial Magistrate affirming that inadvertently your DOB has wrongly been entered in to your birth certificate where as your actual DOB is what has been mentioned in all your other documents for which the concerned Municipal Corporation is required to change your DOB in its record and issue you a fresh birth certificate based on the instant affidavit.

3. Thereafter you should notify the said change in DOB in the gazette and two news papers, one being in vernacular.

4. Finally, you should apply before the Municipal Corporation or whoever has issued your said birth certificate, for issuing a fresh birth certificate with the corrected DOB mentioned therein as mentioned in the said affidavit affirmed before the Judicial Magistrate.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

Dear Sir

You have to tack magistrate Court Order to Rectify your Birth Date in your birth Certificate.

Krunal Pandya
Advocate, Ahmedabad
5 Answers
1 Consultation

4.0 on 5.0

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