If mistake is committed by passport authority than bound to correct it. If he has submitted document with correct DOB at the time of applying than passport office cannot refuse.
Apply for correction, if refused file appeal against the rejection.
Incorrect DOB in passport - more than 5 years have passed
Greetings,
My Father in Law's Passport has Incorrect Year (ex:1961) in the Date of Birth section. It has been more than 5 years since the first passport was issued. He is on his second passport. All of his documents - Birth Cert, Pan Card, Aadhar etc show the correct year (ex: 1960) in DOB.
Is there any way the date of birth can be fixed in the Passport or there is no hope at all ? (I read on the passport website that beyond 5 years, D.O.B request is outright rejected)
{He lives in a small village and i understand he never thought much about the mistake in DOB, until i found out}
Thank you for the help.Asked 3 years ago in Civil Law
15 Answers
He may make an application with the copy of date of birth certificate for the correction of the passport, in case it is rejected he may file a petition before court for the direction of correction of passport.
Your father in law application for change of date of birth would be rejected
2) he would need court orders for change of date of birth in passport
Hi,the details shall remain the same as in the first passport ..However,an application for rectification can be provided at the passport office
Yes, you need to follow passport rules and regulations.
- As per the revised guidelines, passport issuing authorities (PIAs) have been authorized to consider request of each applicant seeking change in date of birth irrespective of the period that would have lapsed after the issue of the passport.
- According to earlier guidelines, request for change of DOB was allowed within five years of issuance of the passport and the entire process was lengthy and cumbersome as it involved lot of paper work.
- Otherwise, if the application for correction is rejected by the PIA, then you should file Writ before the High Court.
Judgement of Kerala High Court
Nazar vs Union Of India on 27 March, 2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WP(C).No. 7748 of 2014 (P)
If the passport authority doesn't allow correction then also there is nothing to worry about this.
You can make him affirm the affidavit from a first class judicial Magistrate which can deal with the anomaly arising out of mistake of DOB.
You can get it rectified in next renewal or even now by filing affidavit and application. You need to separately print new passport if renewed now
What do you mean by he is on his second passport, is he applying for renewal in the span of 5 years, because a passport is valid for 10 years from the date of issue.
By which document did he apply for the existing passport to reflect his date of birth.
If it was not by the birth certificate and it was only by his school certificate, then let him produce the copy of the school certificate itself to prove his date of birth for re-issue of passport.
It is not possible to change his date of birth in the passport.
If at all he is travelling abroad on a visit visa, his passport alone will be scrutinised and not his certificate, particularly his birth certificate.
Hence better do not create problem for yourself at this age because he cannot get an appointment at this age, hence his passport can be used only for tour or visit visa.
1. Your father shall have to execute an affidavit before the 1st Class Judicial Magistrate affirming that inadvertently his year of birth in his passport application was written as 1961 in place of his actual year of birth 1960 which has been mentioned in all his documents and the passport authority is required to amend his year of birth as 1960 while issuing fresh passport to him.
2. With the help of the above affidavit, your father will be able to get his passport renewed with 1960 written as his year of birth on it.
Apply for DOB correction to the nearest passport kender, if they deny than a specific performance suit is to be filed
1. He has to initiate the process by filing an application for rectification of error with jurisdictional RPO.
2. If RPO does not rectify the error then he will have to file a writ petition in the High Court to direct RPO to carry out the rectification.
3. Even if it is outrightly rejected he has to still file the application in the first instance with RPO. He cannot directly go to court.
If he resides in India it can be corrected by affidavit.
Yes the error can be fixed but you need to file suit for mandatory injunction against passport issuing authority for change of DOB in passport.
There will be no change or correction in the date of birth (DOB) of the passport holders, if the request has been made after a period of five years from the date of issue of passport.
