• Name and Date of Birth change

Hello Respected Sirs, 

One of my cousin sister wishes to make the following changes: 
1. From 'JOTEE' to 'JOTI' and;
2. D.O.B from 23 March to 22 March. 

The change in spelling of the name is due to some belief. The change in D.O.B is because she was actually born on 22 March but due to some reason, 23 March is now official D.O.B appearing in all documents including school certificates, passport, PAN card, Adhaar Card etc. 

My question is can these changes be done through notarized affidavit? What is the legal procedure to make such changes. 

Thanking You.
Asked 5 months ago in Civil Law

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18 Answers

What is proof of actual date of birth ? 

what is date reflected in birth certificate? 

to change date of birth in various documents you would need court orders 

 

mere affidavit would not suffice 

 

5) for jotee and Joti Mere affidavit that both are one and same person should suffice 

Ajay Sethi
Advocate, Mumbai
79752 Answers
4812 Consultations

5.0 on 5.0

For Change of name you can apply for state or central govt procedure. change in Name,  Affidavits and two news paper advertisement.

 

for Date change  you to take order from court and submit in the Municipal corporation.

Ganesh Kadam
Advocate, Pune
11752 Answers
114 Consultations

4.9 on 5.0

Change in name is possible but not date of birth. You can't change date of birth in official records. You can change name through gazette notification and newspaper publication

Prashant Nayak
Advocate, Mumbai
22643 Answers
49 Consultations

4.4 on 5.0

Court order is required in the matter so please file a suit before the competent court. 

Koshal Kumar Vatsa
Advocate, Gurgaon
2252 Answers
3 Consultations

5.0 on 5.0

1. The change of name or spelling is quite easy and the same can be done by making an affidavit before first class Magistrate and then making a newspaper publication. 

2. For change of date of birth as appearing in birth certificate a stronger proof like hospital discharge certificate is necessary. 

3. By notarized affidavit this can not be done. 

Devajyoti Barman
Advocate, Kolkata
21801 Answers
318 Consultations

5.0 on 5.0

- As per law, you can change or correct name etc in your certificates within 2 years from the passing the same, otherwise a court order need.

- Further , after executing an affidavit and notarised the same and further publishing the same in Gazette or news paper , , you can change name & DOB in your documents such as PAN Card , Adhaar Card etc,

- Only a notarised affidavit is not enough for change name in Passport. 

Mohammed Shahzad
Advocate, Delhi
5691 Answers
55 Consultations

5.0 on 5.0

Change of name (including the spelling change) can be done by a notarised affidavit followed by a publication in a local newspaper.

However the date of birth cannot be changed now.

If you have substantial evidences to prove your correct date of birth then you can file a declaratory suit before civil couirt to declare your correct date of birth with a direction to the concerned registrar of births and deaths to amend the date of birth in their register or records and issue you a new birth certificate with the amended details.

 

T Kalaiselvan
Advocate, Vellore
69780 Answers
953 Consultations

5.0 on 5.0

It is possible. 

But definitely not by Notarized process. 

1- You have to make application for the change of name  to Government of West Bengal in the Gazette of Government seeking permission to print through printing press managed and controlled by the Government of West Bengal. 

2-For change of birt you have to make application to Magistrate Court and annex birth certificate for amendment by making a necessary party to Municipal Corporation for their reply and statement. 

Magistrate Court has power to direct Municipal Corporation to carry out necessary amendments in birth records after hearing both the parties on merits. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

No it needs to be corrected over affidavit by appearing before first class magistrate

Aveek Bose
Advocate, Kolkata
1221 Answers
9 Consultations

4.7 on 5.0

You can apply for change with a simple affidavit but they will add "@" like jotee@ joti

But for getting only one name and change in dob you need to file a declaration suit against the authorities 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1.The right procedure is getting a notice published in a local News Paper, regarding your intention to change your name/or add surname to it, and subsequently get it published in Gazette of India.
These days Gazette prints have been discontinued, so you may have to check with concerned press in your city, if they still print the Gazette Notification, or it is given to you in soft copy.

2.You have to make an affidavit mentioning the correct date of birth before the first class Metropolitan magistrate of your jurisdiction you have to also mention the wrong date of the date of birth.. then have to produce the affidavit before the concerned authority ..

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
14 Consultations

4.5 on 5.0

1. The name can be changed by executing a sworn affidavit before an oath commissioner and then publishing it in a national and regional daily. Thereafter, she can change the name in all her documents of identity.

2. However, to change the DOB now will be a long drawn process with an uncertain result. Since 23 March is her DOB appearing in all her documents she has to produce some documentary evidence which will vouchsafe that she was born on 22nd March.

Ashish Davessar
Advocate, Jaipur
30013 Answers
867 Consultations

5.0 on 5.0

Changes cannot be done simply by notarized affidavit. The legal procedure can be discussed in consultation.

Rajinder Goyal
Advocate, Chandigarh
111 Answers
1 Consultation

5.0 on 5.0

Dear Sir/Madam,

However, it is possible to go for the name change but the same can't be done for the date of birth. For the name change, get the affidavit prepared, news paper publication done and then gazette notification.  

Ganesh Singh
Advocate, New Delhi
6542 Answers
13 Consultations

4.5 on 5.0

Now cannot change.

Only if you have hospital records which show date and time of 22 march than DOB in BC can change. Spelling of name will change by applying at collector office, Gazette notification will issue.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

1. No, she cannot make these changes just by notarized affidavit.

2. She can change her name only and that is only by proper procedures of name change through gazette notification.

3. She cannot change her DOb without her birth certificate and for that she may have to file suit for mandatory injunction against passport office and other departments.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

1) Change of name can be done, through Affidavit, and the same needs to be got published in news papers about change of name, followed by publishing in Gazette.  

Further, the same has to be changed in all the certificates also

2) Change of DOB is not possible through Affidavit. 

An application has to be filed before court by giving reasons, if it is captured as 23rd March in Birth Certificate, it is difficult to get it changed.

 

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

The name can be changed but not the date of birth. It is too late for that.

Rahul Mishra
Advocate, Lucknow
11632 Answers
21 Consultations

5.0 on 5.0

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