• Removing name of non biological father from birth certificate

Question is about my brother who passed away in November 2020.. due to cheating from his wife who had illegal relationship resulting in birth to a baby..
due to this my brother went in to depression and passed away due to heart attack..
Since my brother being a non biological father we want his name to be removed from the child's birth certificate..
kindly help us on this
Asked 3 months ago in Family Law
Religion: Hindu

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14 Answers

Approach registrar of birth in your city in this regard 

 

kindly clarify whether application for birth certificate was signed by your brother as biological father of the child 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

If you say that your deceased brother is not the biological father of the child then to establish your assumption you may have to approach court of law with a suit to declare that the child is not born to your deceased brother with supporting documentary evidences in your possession. 

You may have to prove that the child is not his biological child with the aid of DNA test before the court to declare your desired statement to stop her from claiming any rights over your deceased brother's property. 

After decree of declaration you can file an application to the concerned authorities to remove the name of your deceased brother from the register of births and deaths in respect of the entry reflecting the child's birth details. 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

1) approach register of birth to remove name of your brother as biological father 

 

2) if registrar refuses file writ petition in HC to direct registrar of birth to remove the name of your brother as biological father 

 

3) enclose legal notice sent by brother 

 

4) brother wife has share in your brother property along with your mother 

 

5) let her obtain court orders for share to child . 

6) take the plea that brother is not biological father of child as is evident from legal notice sent to his wife

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

Police complaint if any has to be filed within jurisdiction of police station where birth certificate was applied for and issued 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

Under Indian Evidence Act, 1872, birth during marriage is conclusive proof of legitimacy of born baby. You have to challenge the legitimacy of child in the in Court of Principal Chief Judge, Bangalore seeking DNA Test then take the order  of the Court to municipal  authority and delete the name of you brother as father. As the child is not that of your brother, the child has not right to share the property. This case pertains to paternity of child which  has to be decided by civil court, police will not register any criminal case.

Ravi Shinde
Advocate, Hyderabad
797 Answers
7 Consultations

5.0 on 5.0

If you do not want to give the child of your deceased brother any share in his property, you may have to deny his paternity and prove the same by a paternity test, a medical test, typically a blood test, to determine whether a man is the father of a particular child.

You may have to file a suit to declare that the child is not the biological child of your deceased brother additionally by obtaining the results of DNA test. 

DNA test is able to offer peace of mind, or they can be carried out for legal purposes. The result of a paternity test, whether it is a legal test or for peace of mind, will be exactly the same, and you will be able to accurately determine a biological relationship between an alleged father and child

 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

A complaint with the police is of no use because it is not a criminal offence, hence the police will not entertain any such complaint.

Therefore, if she is filing a suit seeking share of the child then you can challenge the paternity of the child and can also ask for DNA test to establish the facts that you desire to prove before court. 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

1. Get the DNA test report of the baby, to find out, who the biological father is and based on the result obtained, further action can be initiated.

2. If it's proved that your brother is not the biological father of the child, obtain a court order from the jurisdictional Court, to remove your brother's name in the birth certificate.

3. Bring this matter to the birth certificate issuing authority, viz., BBMP/Corporation/Municipality and stop the issuing of birth certificate if it's not yet issued and if the birth certificate has already been issued, then approach the issued authority to cancel and recall the birth certificate.

Shashidhar S. Sastry
Advocate, Bangalore
3520 Answers
204 Consultations

5.0 on 5.0

First of all, how do you knowing that your brother isn't the biological father? Do you have DNA test reports? Or any medical report of your brother being impotent?? 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1402 Answers
5 Consultations

4.4 on 5.0

Dear Sir, 

Section 112 in The Indian Evidence Act, 1872

112. Birth during marriage, conclusive proof of legitimacy.—The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.

 

If the child does not satisfy the above conditions, only then can it be considered illegitimate. But if not, it will be considered as a legitimate child and the name cannot be removed by a third party. 

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Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

- As per law, after the death of your brother , his property would be devolved upon his legal heirs i.e. his wife and that child. 

- Since, that your brother was not biological father , and a notice was already issued by him regarding the same , then you can lodge a compliant before the Tehsildar  , to remove the name in the birth certificate , which was issued without the consent of your brother ,

- Further , if  no response /deny , then you can lodge a compliant against her before the police and higher official after submitting his death certificate and legal notice

- Further , you can also approach the court for removing his name from the birth certificate . 

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

File a suit for declaration so that your brother is declared t be non biological father of the child. 

Devajyoti Barman
Advocate, Kolkata
22341 Answers
343 Consultations

5.0 on 5.0

1. Now that your brother has died neither his parents nor his siblings have the locus standi to file a petition to remove his name from child's birth certificate.

2, Since the paternity of child has not been decided it cannot be decided now after the demise of your brother as DNA test is quintessential to determine paternity.

3. No cause of action arises to any of his family members.

Ashish Davessar
Advocate, Jaipur
30308 Answers
889 Consultations

5.0 on 5.0

It can be only removed through order of court. Corporation will not remove it 

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

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