• Change of initials/surname of son

My son was born in kerala and has a birth certificate issued there. We are currently in bangalore and he studies here. His birth certificate has my wife's family name for his initial and that is used at school as well. We would like to have the initial changed to my (father) name. The corporation authority in Kerala says they need letter from his school with new initial, but school says they need court order or they can use only the name as per birth certificate. Pls advise on how to proceed and how long the process takes.
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1. No changes can be introduced in the birth certificate after it is issued. You can only make rectifications. To make a rectification you are required to show that any entry in the birth certificate is erroneous.

2. You can apply for the rectification by showing that the family name of your wife was wrongly incorporated in the birth certificate of your son. 

3. If the school does not issue the letter sought by the corporation then you may move to court and seek its order.

4. It may take 6-8 months to obtain the required order.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Hi, you have to file a suit for change of name in the court make school authority and concerned BEO as party.

2. Before filling a suit you have to first issue a legal notice under section 80 of the Code of Civil Procedure to school and BEO and thereafter you have to file a suit for change of name.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
The recent decision of a Division Bench of kera high court  Court in Malavika's case (ILR 2009 (4) Ker. 591) has elaborately considered this question. After referring to the legal provisions and the circular dated 24.3.11997, issued by the Chief Registrar, it was held thus in para 4:

"Going by the purpose of the enactment and the scheme for registration and for correction in the entries therein, it is unambiguously clear that corrections either in form or substance is permissible. The only pre-condition is that the Registrar should be satisfied that the entry in the register regarding birth or death was erroneous in form or substance or the same has been fraudulently or improperly made. The entry in the register means the entries on the name and the particulars regarding the relationship, place and date. If the correction is sought within five years, the satisfaction need only be at the level of the Registrar and if the correction is  sought to be made after five years, the corrections can be made only on the satisfaction of the Chief Registrar. The identity of the person concerned is the crucially relevant factor, as far as correction of the name is concerned and as far as the correction of the date, place and other particulars are concerned, in case there had been any mistake, in the original entry and if the Registrar is satisfied that the same is erroneously entered, he has to exercise his power to permit the correction. The law does not contemplate a person to have a wrong name in the register or a mistaken identity in the register or to have wrong particulars regarding the date, place etc. in the register of birth or death. It is also to be noted that the Registration of Births and Deaths Act, 1989 does not create or extinguish any right; the Act is intended only to regulate the process and procedures of registration of births and deaths and the correction of any such entry. Once the Act permits such correction either in form or substance, the Rules are intended only to regulate the procedure and not to prohibit such correction. The subordinate legislation by way of rules, notifications, circulars etc. cannot restrict the scope of the plenary legislation. Conversely they cannot expand the scope either as far as the correction of the entries in the register of birth or death is concerned. Section 15 only contemplates that the Registrar should be satisfied as to the mistake in the entry. The section clearly states that the correction can either be in the form or substance also. Rule 11 would also indicate that once the Registrar is moved for correction of any entry in the register of birth or death, it is mandatory on his part to  enquire into the matter and once he is satisfied that the entry is erroneous, the rule mandates that the correction should be made as required under Section 15 of the Act."
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
Varghese's case (2008 (2) KLT 278) concerns a case of correction of the name of the child itself. There, the name that was entered in the register was 'Neenu Varghese.' It was sought to be corrected as 'Niya Varghese.' An objection was taken by the respondents therein that such a correction cannot be allowed. After considering the power conferred under Section 15 of the Act, it was held as follows:

"The power of the Registrar to make corrections in the names of persons by virtue of S.15 after conducting enquiry as envisaged by R.12 of the Registration of Births and Deaths Rules 1990 cannot be in doubt especially in the light of the Circular No.B1-2815/2007 dated 07/11/2007 of the Chief Registrar, which is binding on the 2nd respondent cannot be in doubt. What the second respondent contends is that he is not prepared to construe the original entry as erroneous since the same was made on the basis of a joint application filed 5 years after the child's birth was reported by the hospital to the Corporation. To err is human and when the father of the child obviously with the concurrence of his wife, the mother of the child, who were joint applicants before the Corporation  declares that the entry of the child 's name entered on the basis of the joint application is erroneous, I do not find any special circumstances attending on this case to suspect the bona fides of the request of the petitioner."
A direction was issued to change the name as 'Niya Varghese'.
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
1) the Registrar can make changes as per recent judgment passed by keral high court . 

2) you will have to file writ petition in HC if registrar / school keep on passing the buck and no changes are made 
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
As such no change can be made in the birth certificate issued however you can file a case seeking direction from the court for the change to take place and on the basis of the court order, the school authorities can issue the fresh certificate with the changes. it may take around 8-10 months.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Dear Querist
you may published this declaration in two news paper and after that file a civil suit for declaration and get the court order in your favour and apply the same before any authority. 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
File an application for correcting the name and initial of your child before concerned authority who issued the certificate. Relevant documents which are supporting to your claim also must be attached with petition. (Showing your family name).
After getting a new certificate,then file an application before the school authority for necessary changes in your son's  school certificates 
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
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1. Yes, once birth certificate is issued, it can not be changed without Court order,

2. File a declaratory application praying for declaration that your son's name is what you want and not what has been mentioned in his birth certificate also for direction upon the board of school to issue his birth certificate afresh with the declared name,

3. Contact a local lawyer. it is not a veru difficult matter.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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