• Correction of parents name in birth certificate issued in 1983

Hi,

My younger sister was born in year 1983 and her Birth Certificate issued by Municipal of Greater Bombay. 

Father’s Last name mentioned in the birth certificate is incorrect and mother’s Only First name Is mentioned in the same.

How & where do I get this corrected ?

Can we submit request for new Birth Certificate with all the correct details ?

Secondly, there’s no document proof of my father’s last name which was incorrectly mentioned in the certificate.

Lastly, what documents would be required for my both parents to have their correct name mentioned ?
Asked 3 years ago in Civil Law

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

14 Answers

If it's an clerical error it can be corrected by filing a form and affidavit. The  correct documents having the aforesaid details needs to be submitted. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

If you don’t have any documentary evidence of your father last name your sister last name would not be corrected in birth certificate 

 

2) Aadhar card of parents mentioning their correct name or any other documentary evidence like election voter card , or PAN Card 

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

Make application to registrar of birth for correcting birth certificate 

 

2) enclose documentary evidence of father last name 

 

3) if they refuse you would need court orders for making changes in BC 

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

You need to apply for the same and state that it's a clerical error and produce documents for your mothers full name along with affidavit

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

If your parents names are incorrect in the birth certificate of your sister then they may have to initiate change of name process by first preparing a notarised affidavit stating their correct name that is to be read as instead of thre incorrect names as shown in the birth certificate.

This should be followed up by a public notice to be published in a local newspaper.

This process and the documentary proofs would be sufficient for change of name.

 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

You cannot change the name in the birth certificate at this stage.

The only alternate solution for this is that a name change affidavit duly notarized  along with a newspaper publication would be required to initiated.

This is sufficient enough and there is no necessity to correct the birth certificate.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

Act as per advice given to your original query 

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

You can seek attestation from the Indian consulate or hi commission

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1) you can make payment for phone consultation online by Paytm to my mobile number 

 

2) visit local muncipal corporation office where birth certificate is registered 

 

 

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

- If your sister is having other proofs with the correct name of parents , then she can move a application before the office of the Birth Registrar for correcting the birth certificate . 

- She should attach all the documentary proof and an affidavit with the said application. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

The affidavit should be given by your parents to rectify the incorrect name appearing in the birth certificate and not your sister.

If you apprehend that the said affidavit may not be accepted by the US authorities then your parents should get the affidavit contents published in the government gazette publication.

The copy of the government gazette publication is an authentic and substantial document which would solve the problem.

 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

Please be aware of the legal fact that the registrar of births and deaths cannot rectify the mistake in the birth certificate at this stage.

They can do it only by an order of a court of law.

Hence your parents should first apply for rectification of the incorrect name in the birth certificate to the concerned registrar of births.

On the application being rejected by the said authority, your parents can file a suit to declare the correct name as per the documentary evidences to establish their request and also seek direction to the concerned registrar of births and deaths to carry out the amendment in the birth register held in their records.

A certified extract of the corrected birth certificate would also help to solve the issue but this procedure would take lot of time at least not less than two years or more.

You can get the phone number from the website of the chosen advocate and can have personal consultation on the terms of the chosen advocate of this forum. .

 

 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

You can contact the sub registrar office and file an application for the same along with affidavit. For any further assistance contact me on . Consultation applicable. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

There is simple procedure for the same. You Will need to submit the documents to the Registrar of Births & Death in your Municipality along with an application and affidavit. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer