• Am I eligible to get OCI

Hi, 
I would really appriciate if someone could help me to understand if there is any possibility to get OCI Card for me and my family. 

My dad was an Indian citizen but he migrated to Nepal and got citizenship of Nepal. I was born in INDIA but I dont have Indian Birth Certificate . Since My dad was in Nepal , he managed to get Nepali citizenship and based on my Dad's citizenship, I got Nepali Citizenship and Nepali Passport as well. My dad passed awy few years ago. 

I migrated to Canada and received Canadian citizenship. I have already surrendered Nepali citizenship and Passport and thinking of Applying for OCI . 

As per OCI eligibility criteria No 4. 

-A child or grandchild or great grandchild of a person that meets criteria 1-3 is eligible to apply for OCI . 

- The biggest problem for me is to prove "The evidence of self or parents or grandparents or great grandparents being citizens of India at the time of, or at any time after the commencement of the Constitution i.e. 26.01.1950; or being eligible to become citizen of India; belonging to a territory that became part of India after 15.08.1947" 

-I dont have my Dad's or grand parents brith certificate. I think their births were never been registered . 

-I dont have any legal document showing relation between my grand parents and my Dad. I may retrive my dad's education certificate from the school where he studied .

I STILL HAVE ALOT OF RELATIVES IN INDIA WHO ARE WILLING TO HELP IF THERE IS ANY WAY OUT FOR ME TO APPLY FOR OCI CARD .

* My uncle is an indian citizen , could he help me in this process ? 
* My grand Father's brother is still alive , could he help in this process ? 

MY MOTHER USED TO LIVE IN NEPAL WITH US BUT SHE NEVER APPLIED FOR NEPALI CITIZENSHIP BUT SHE DID NOT HAVE ANY INDIAN CITIZENSHIP DOC AS WELL . SHE RECENTLY MOVED BACK TO INDIA , LIVES IN DIFFERENT. SHE HAS CHANGED HER NAME IN AADHAR CRAD AND SHE IS IN POROCESS OF GETTING VOTER ID CARD . CAN SHE HELP ME IN GETTING OCI CARD ? I AM NOT SURE, HOW CAN I PROVE THE RELATIONSHIP BETWEN HER AND ME AS MOTHER AND SON ? 

Thank You 
Deepak Mishra
Asked 5 years ago in Civil Law

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9 Answers

Since you were born in India apply to magistrate for issue of your birth certificate 

 

2) you can apply on basis your leaving certificate 2)affidavit of your mothers stating  your birth date and year 3) your family ration card 4) your photo.

 

3) you are eligible for OCI card as your father was Indian citizen 

 

4) you can obtain father school leaving certificate to prove he was Indian citizen 

 

5) if your parents owned any  land in India land records would help in proving that  they were Indian citizens 

Ajay Sethi
Advocate, Mumbai
94803 Answers
7551 Consultations

5.0 on 5.0

Yes you can apply on above grounds

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

If you do not have an Indian passport but you are applying on the basis that your parents and/or grandparents were Indian citizens, copies of the following documents are required:
Proof of both parents current citizenship and previous citizenship.
Your birth certificate that mentioned your parents' name. If you are applying on the basis of your grandparents being Indian citizens, your birth certificate as well as your parent's birth certificate. All birth certificate must show the parent's names clearly so that to establish the relationship with your parents and grandparents.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

i suggest you check the Nepali rules rather than Indian rules for OCI application

you already have your dad registered as a nepali citizen

so on that basis you can check the rules prevalent in Nepal 

Yusuf Rampurawala
Advocate, Mumbai
7520 Answers
79 Consultations

5.0 on 5.0

My uncle is an indian citizen , could he help me in this process ? 

* My grand Father's brother is still alive , could he help in this process ?

Ask them to prepare family tree and gather documentary proof where it can shown that your father and uncle are siblings and great grand father`s legal heir certificate.

Certificate Is Granted To Close Blood Relations, It Can Be Granted To Other Blood Relations From Paternal Side


Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

1. You do not have the appropriate documents required for claiming OCI Card.

 

2. However, you can apply by submitting your father's education certificate received from indian School/Board.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

Dear sir 

Your case is very complicated as you have no proof of citizenship of India. 

But the way you can get the proof is that if some how you can get the record of your birth from the hospital where your mother gave birth to you. It can be of great help to you. 

As they enter the birth of every child along with mother and father name in the register on basis of this you can apply for Birth certificate in India in office of Sub registrar birth and death of the area where you were born. 

Ask your relative to some how get these details from the hospital of your birth. 

Regards

Mohit Kapoor

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can prove your mother relationship by educational certificates wherein you may find your mother's name;

you may also birth certificate in which your mother's name shall be found;

The relationship between your father and his brother can be established  through their father, if that is possible then you may proceed.

You may look for any document that is admissible for getting OCI status

T Kalaiselvan
Advocate, Vellore
85004 Answers
2207 Consultations

5.0 on 5.0

You can still get the birth certificate of your father or grandfather for which you will have to file in application with the SDM for delayed birth registration order. After that, birth certificate can be procured after  documentation is done with the department of birth and death.

once you get the birth certificate of your father or grandfather getting OCI card would be very easy.

Your uncle's or other relatives cannot help in getting the OCI card. Also, your mother can apply for her birth certificate if she was born in India. 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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