• Passport date of birth change

Hello
My issue relates to my date of birth being different by 1 day, in all my documents such as 5th, 8th, 10th and hence Passport, DL, PAN....compared to Birth certificate.
In childhood, elders registeted me in school with 29/04/84..That carried over till today in all documents. 
I applied for Birth certificate (first time in life), recently for immigration purposes and was shocked to be told that no such birth date event with my name was found, BUT that my name was on 30/04/84...We refused to take BC and went to hospital and checked to find that BC was correct. I have never had an iota of legal issues and now I have it on my critical passport.

Now since my passport, based on 10th marksheet, has wrong date, (so do all documents), is there a legal recourse to appeal and get Passport reissued with DOB fixed as 30/04/84 ?

Please respond if you can help as of rules situation today,
Asked 2 years ago in Civil Law from United States

Yes date of birth can be amended in passport and other documents as well after following due process.

Arihant Nahar
Advocate, Indore
117 Answers

4.7 on 5.0

Before answering I want to know whether you are talking about correction in Indian documents or American?

Saurav Mahajan
Advocate, Kathua
9 Answers

4.9 on 5.0

1. Yes, make an affidavit from the Frist Class Magistrate stating the correct date of birth.

2. Thereafter make a news paper publication on that account.

3. On that basis you can apply for correction of the DOB in the passport.

4. The DOB though in the birth certificate can no more be corrected.

Devajyoti Barman
Advocate, Kolkata
19563 Answers
277 Consultations

5.0 on 5.0

1) on basis of birth certificate you can apply for reissue of passport to reflect your correct date of birth

2) for correcting your educational records you woukd need court orders as school board , university would refuse to change your date of birth after so many years

Ajay Sethi
Advocate, Mumbai
74502 Answers
4457 Consultations

5.0 on 5.0

"If the applicant was a major when his first passport was issued with incorrect date of birth, then, he can correct it, within five years of issue of the first passport. It is important to note that, no change of date of birth is allowed afterwards."

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Sir , when was your passport issued??

The notification as on today states

" If an applicant ap plies for the change of date of birth in the p assport

within a reason able period of time i.e. within a span o f five (5) years

from the date of issue of passport having the alleged wrong date of

birth, with the birth certifica te issued by the Registrar of Births &

Deaths stating th t the da te of birth recorded in th e passport was based

on the entries mention ed documents other than the Birth Certificate, the

request of such an a pp licant irrespective of the difference in the dates of

birth, may be con idered by the Passport Issuing Authority. However,

before the issu ance of passport vlith changed date of birth, the Passport

Authority shall also levy appropriate penalty on the applicant for

obtaining passport on previou s occasion by providing wrong informa tion

regardin g h is/her date of birth .

(iii) The cases where the ap plicant comes to PIA for change/ correction with

regard to date of birth in the Passport after a period of five years from the

date of issue of p a ssport with alleged wrong date of birth, no such

request shall be entertained/accepted by the PIA and be rejected out

rightly .

Howe ver, an exemption in this regard may be given to an applicant

who was minor at the time when passport with alleged wrong da te of

birth was issued to him . As and when such an applicant after attaining

the age of m ajority applies for the passport with the request to change

the date of birth in the passport issued to him when he wa s minor, the

PIA irresp ective of the duration of the issuance of passport may accep t

his case for con sideration and if is satisfied with the claim and

document(s) submitted by the applicant, may accept his request for

change of date of birth in the passport without imposition of any penalty.

(iv) In no way , the Passport Authority will relegate the applicant to obtain the

declaratory court order to carry out changes with regard to date of birth

in the passport , as th e Passport Authority subject to the condition that

the case has been submitted by the applicant within the stipulated lim it

of 5 years from the da te of issuance of passport (except the cases of

min or pa ssport h older as detailed in para S(ii) a bove) would n ow be

eligible to accept the genuine cases irrespective of the d ifferen ce of dates

of birth."

Notification no. VI/401/2/5/2001

So the date of issue of passport is important.

Also if it is above 5 years and passport authority deny file a writ petition in high court to seek change.

Shubham Jhajharia
Advocate, Ahmedabad
24308 Answers
96 Consultations

5.0 on 5.0

Dear Sir,

You can change your birth date by following the below given procedure:

I have given procedures as followed in the States of Karnataka and Andhra Pradesh. Similar procedures being followed in other States.

=========================================================================================

THE ANDHRA PRADESH REGISTRATION OF BIRTHS AND DEATHS RULES, 1999

https://archive.india.gov.in/allimpfrms/allrules/2140.pdf

11. Correction or cancellation of entry in the register of births and deaths---- (1) If it is reported to the Registrar that a clerical or formal error has been made in the register or if such error is otherwise noticed by him and if the register is in his possession, the Registrar shall enquire into the matter and if he is satisfied that any such error has been made, he shall correct the error by correcting or canceling the entry as provided in section 15 and shall send an extract of the entry showing the error and how it has been corrected to the Chief Registrar. (2) In the case referred to in sub rule(1) if the register is not in his possession, the Registrar in rural areas shall make a report to the MRO and call for the relevant register and after enquiring into the matter, if he is satisfied that any such error has been made, make necessary correction and shall send an extract of the entry showing the error and how it has been corrected to the Chief Registrar though the concerned MRO. (3) Any such correction as mentioned in sub-rule (2) shall be countersigned by MRO in the areas when the register is received from the VAO and by the concerned Registrar in other areas. (4) If any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed under section 15 upon production by that person a declaration setting forth nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case. (5) Not withstanding anything contained in sub rule (1) and sub rule 4 the Registrar shall make report of any correction of the kind referred to therein giving necessary details to the Chief Registrar. (6) If it is proved to the satisfaction of the Registrar that any entry in the register of Births and Deaths has been fraudulently or improperly made, he shall make a report giving necessary details to the officer authorized by the chief registrar by general or special order in this behalf under section 25 and on hearing from him take necessary action in the matter. (7) In every case in which an entry is corrected or cancelled under this rule, intimation thereof should be sent to the permanent address of the person who has given information under section 8 or section 9.

=========================================================================================

Registration of Births and Deaths Act, 1969

http://des.kar.nic.in/docs/crs/RBD1969E.pdf

13. Delayed registration of births and deaths (1) Any birth or death of which information is given to the Registrar after the expiry of the period specified there for, but within thirty days of its occurrence, shall be registered on payment of such late fee as may be prescribed. (2) Any birth or death of which delayed information is given to the Registrar after thirty days but within one year of its occurrence shall be registered only with the written permission of the prescribed authority and on payment of the prescribed fee and the production of an affidavit made before a notary public or any other officer authorised in this behalf by the State Government. (3) Any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order made by a Magistrate of the first class or a Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed fee. (4) The provisions of this section shall be without prejudice to any action that may be taken against a person for failure on his part to register any birth or death within the time specified therefor and any such birth or death may be registered during the pendency of any such action.

BBMP PROCEDURE

http://bbmp.gov.in/documents/10180/456501/FAQs+(Statics+English).pdf/d4ca9b70-668c-45c4-a0f2-5b51df341e4e

Kishan Dutt Kalaskar
Advocate, Bengaluru
5283 Answers
171 Consultations

5.0 on 5.0

In most of the cases, the school documents and 10th board certificate is assumed as valid proof of the date of birth. There are some judgments of court also. So, there should not be any problem with your passport.

Ganesh Singh
Advocate, NEW DELHI
4430 Answers
9 Consultations

4.5 on 5.0

There were options to rectify your date of birth when the registrar of births and deaths refuses to entertain the application seeking rectification especially when you have provided the proofs to substantiate your request.

Even now you can file a declaratory suit to declare your correct date of birth by a court decree and direct the authorities to rectify the same as per records.

You can consult a local lawyer and proceed as per the advice and suggestions received.

T Kalaiselvan
Advocate, Vellore
64459 Answers
835 Consultations

5.0 on 5.0

You can apply to the passport Office for Change of date of birth. You can file affidavit with correct document have date of birth. The said change Wil be done by them

Prashant Nayak
Advocate, Mumbai
18610 Answers
34 Consultations

4.6 on 5.0

You can use your pasport or matric certificate as proof of your DOB . these are valid document to be used in proof of your date of birth.

Vijay Kumar Garg
Advocate, Mohali
17 Answers

4.0 on 5.0

1) Henceforth going forward regarding your DOB you can go with BC. And get changed in all documents Passport, PAN, Aadhaar etc except your educational certificates that won't be changed now because those are all examination certificate in the past date, so those records are not changed. So from now onwards you can show your BC every where.

2) And for make it valid along with all documents you better go for Government Gazette Certificate that will helpful for you.

Ganesh Kadam
Advocate, Pune
9665 Answers
80 Consultations

4.9 on 5.0

Hello,

At the following link you may find the relevant solutions:

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

Also, if it is the case that only bc has different DOB then I would advise you to connect to some agent who can get you the BC for the relevant required date, this is just a opinion and you may see if the same is possible in your city.

Regards

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

hello,

If your DOB is correctly mentioned on birth certificate,then on the basis of that birth certificate, you can apply for

reissue of passport with DOB fixed as 30-04-84.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Hello,

You should try to collect your mothers discharge certificate . Once you get it , you have to make an affidavit . The same has to be submittedto your local authority who will issue the same.

Hope this helps.

Swarupananda Neogi
Advocate, Kolkata
1630 Answers
4 Consultations

4.7 on 5.0

1. You shall have to execute an affidavit before the 1st Class Judicial Magistrate affirming that inadvertently wrong date wqas noted by your school authority when you first was admitted in scholl i.e. 29/04/84 in place of 30/04/84 as has been shown in your birth certyificate for which all your educational cerytificates, Aadhaar card, passportetc are required to be reissued incorporating your corect date of birth.

2. Based on the said affidavit, you can get your passport and all other certificates/documents reissued with the correct date of birth.

Krishna Kishore Ganguly
Advocate, Kolkata
24040 Answers
659 Consultations

5.0 on 5.0

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