• Passport issues

Respected Sir,
I had applied for passport in the year 2010 and was delivered to me.I travel Hong kong in the same year.I was minor at that time.Now I found that due to hurry my parents had made a mistakes regarding my Date of Birth.Mine actual is 16/6/1992 but in the passport it had mention 26/2/1994.Even we got my BirthCertificate in the year 2010 and it has been registered as 26/2/1994.Everything happened because of our wrong infomation during my 10th board registration.My 10th mark sheet shows the wrong one too.Recently my sister who was born after me on 11th march,1994 had applied for the passport and those officer refuse to give her passport because of one month gap.Now I realize my mistake and need to change everything ASAP.Please need help to sort out this problem.Hope you help me.
Regards.
Asked 2 years ago in Civil Law from Bangalore, Karnataka
You have a long battle ahead to get your correct date of birth incorporated in your passport, more so in view of the fact that now even your birth certificate, which is the best document to vouch for a person's accurate date of birth, has an incorrect date of birth mentioned therein. 

Firstly, get your date of birth rectified in your birth certificate. Thereafter, on the basis of correct entry of date of birth in birth certificate, apply for rectification in your passport. This might require you to move the civil court for necessary reliefs if the authorities do not do the needful. 

There is no nexus between inaccurate mention of your date of birth in your passport and the fact that the age difference between you and your sister, on the basis of the date mentioned in your passport, is barely a month. The Passport Officer could not have rejected her application on this ground. Your sister may move court against him.
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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in recent judgement it has been held it is the duty of the municipal department to correct the date of birth
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
it does not matter ,go and speak to to municipal department and your problem will be solved,i will have to check that
that supreme court judgement and forward it to you
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
your birth certificate shows your date of birth as 26/2/ 1994 . unless birth certifcate is rectifed it would be impossible to rectify your other details . 

in addition your ICSE board wont entertain your application for change of date of birth in school leaving certifcate as more than 3 years have passed . you would need court order for change of date of birth in school certificate .
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
first of all ,municipal records are to be changed then only you can in other documents
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
As I have already mentioned, you should first get your date of birth rectified in your birth certificate as unless and until you do that your passport also cannot be rectified to reflect your correct date of birth. Once your DOB has been rectified in your birth certificate you may then proceed to get the correct DOB incorporated in your passport.

You have to separate the incorrect mention of DOB in your passport and the right of your sister to have a passport issued to her. It is illegal to deny her passport for the reason that she is just a month younger to you by virtue of your DOB on your passport. Accordingly, your sister can move to court to get passport.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
No affidavit is required in this regard as of now. If the authorities do not incorporate your correct DOB in spite of you proceeding in accordance with law then you may move to court.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
1)only after your birth certificate, school leaving  certifcate  is recitifed can you apply to passport office for rectification of DOB in passport . if they refuse to do so you will have to file writ petition in high court against passport authorities . 
2)you dont need to apply for fresh passport . rectification can be made in existing passport
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
Passport has been denied to her on the basis of a month's age gap between your and her. She has to challenge this decision in a court of law. So there is no question of paying the fees all over again.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
kindly note that in case municipal authorities does not make changes then file a suit for mandatory injunction against them
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
agree with Mr Davesar . your sister has to move court to challenge decision of passport authorities tp deny her passport . thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
Thanks for appreciation.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
we have advised you at length . take necessary steps as advised by experts
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
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if mistake has been made you should admit your mistake . it proves your boan fides that you dont want to supress any facts from authorities .
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
just relax
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
they wont arrest you
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
Nothing else is required to be added.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
Your passport or birth certificate is not 'fake'. It just has a wrong DOB mentioned thereon. No case is made out against you, so there is no question you facing an arrest.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0

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