• BMC refusing to correct father's name on his death certificate

Hi, 

My father who was a resident of Goa died in Mumbai in 1995 and his death was registered in Mumbai. They entered his name, his father's name etc. incorrectly in the death certificate. It is completely wrong, not even close to the spelling of his name or his father's name. 

We had asked for a copy in 2014 but my uncle who had initiated this had to leave the country. We never entered the correction application. Now, we need this corrected urgently, but BMC says we should have asked for a correction in 2014 when we asked for the copy of the certificate. They are refusing to correct the name. They won't even accept the application. 

What can we do? What are our legal options? Please advice. I am so frustrated with these constant setbacks.
Asked 4 years ago in Civil Law

4 answers received in 30 minutes.

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13 Answers

Hello,

File a petition of mandamus in the High Court, thereupon asking for a direction that BMC should change the required details.

You will have to produce the certificate which has been wrongly made.

Get in touch with a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can file mandamus writ petition in the High Court applying for the direction to the municipal office to rectify the records and issue a copy of certificate to you

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Sir file a writ petition in high court for the direction for BMC to reissue the death certificate with the correct name and spelling the court will pass appropriate order.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have to file writ petition in HC todirect BMC to rectify error in death certificate

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

You should file writ petition in HC for the direction for BMC to rectify the error and reissue the death certificate with correct name

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

You can obtain it by way of getting it corrected from a first class judicial magistrate citing the correct facts and going to corporation thereafter and applying for proper name correction and getting it proper

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

There are few ways you can apply it accordingly.

1) You can obtain it by way of getting it corrected from a first class judicial magistrate citing the correct facts and going to corporation thereafter and applying for proper name correction and getting it proper.

2) Just make a Judicial Affidavit, mentioned the fact para wise, declare that the two spelling named are one and same identical person, put this affidavit to the concern authority who issue death certificate, authority will make necessary correction and provide a new death certificate as per ur requirement.

3) You have to submit an application to the deputy Municipal Health Officer with the original certificate issued from their end along with the copy of the death certificate granted from the end of Doctor /Hospital. In case the spell is mismatch from the said certificate than the authority will grant you a fresh certificate upon payment of their usual charges as applicable per norms.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You need to approach the High Court and get a direction against BMC

Contact a local lawyer to help you with this.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Now there are two remedies-either to file a suit for mandatory injunction which may take long to be decided, or file a writ petition in the Bombay High Court to direct the BMC to rectify the error and issue a fresh certificate.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. Execute an affidavit before the loal 1st class judicial Magistrate in Mumbai affirming that your father's name being such and such has been incorrectly been recorded by the BMC as such and such which is required to be corrected by BMC and fresh death ceryificate of your father is to be issued.

2. On obtaining the said affidavit, you shall have to send copy of the same to the BMC applying for the said correction and issuance of the death certificate of your father afresh.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

Just make a Judicial Affidavit, mentioned the fact para wise, declare that the two spelling named are one and same identical person, put this affidavit to the concern authority who issued death certificate, authority will make necessary correction and provide a new death certificate as per ur requirement.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Dear sir,

Just make a judicial Affidavit, mentioned in the fact para wise declare that the two spelling names are one and the same of identical person, put this affidavit to the concerned authorities who issued the death certificate authority will make necessary corrections and provide a new death certificate as per your requirement

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

You apply for correction of the spelling in the name of your father and his father ion the death certificate in writing, get a refusal in writing from the authorities.

File a suit to declare the correct name by filing a declaratory suit and seek direction to BMC to have the name corrected in the death register accordingly.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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