File petition in HC to direct registrar to correct your date of birth in birth certificate
2) enclose school leaving certificate and other documents which prove you were born on x date
Change of date of birth in birth certificate
Dear Sir/Madam, I was born on November 10, 1981. All my documents (Baptism Certificate, School certificate, license, Aadhar, passport, etc.) show this original date, except my birth certificate, which shows November 9, 1981. This could be an unintentional clerical error. Unfortunately, the hospital where I was born does not exist, and the hospital documents were unavailable. This I confirmed at our DMO office. I filed a petition to our chief registrar to get this corrected, attaching my parent's notarized affidavit and testimonials(neighbors and relatives). But the registrar does not want to correct it since the hospital documents are unavailable. I am currently in the US; before that, I was a student in Sweden and Switzerland. My original date of birth was already recorded everywhere, including my foreign degrees, US and Schengen Visa, and driving license (US). Hence changing the date of birth in all documents is extremely complicated. Therefore, kindly let me know how can I change the DoB on the birth certificate so that everything will be consistent. Many thanks in advance for your valuable suggestions.
Asked 3 years ago in Civil Law
11 answers received from multiple lawyers
Lawyers are available now to answer your questions.
11 Answers
1. After so many years from the date of issuance of birth certificate the registrar of births will not rectify the error without a court order,
2. You first apply to registrar of births for change of date of birth by annexing all the documents which show the original and accurate date of birth, If he does not change it then a Writ Petition can be filed in the High Court.
The registrar of births and deaths or the Municipal authorities cannot change the date of birth in the birth register held in their office even you submit any documents to prove your statement.
Hence you may have to file a suit for declaration and direction in a court competent seeking to declare your correct date of birth as per the documentary evidences you have submitted before court and a direction to the concerned competent authority to correct the date of birth in their records and to issue a rectified birth certificate.
Dear Sir,
1) You will have to writ petition of mandamus to HC To order registrar to alter the incorrect birth details. Attach all your relevant proofs in your petition.
2) After the court directs the registrar he cannot deny to make the relevant alterations.
Thank you
- The registrar or the Municipal department cannot change the date of birth in the birth certificate/register specially after so many years from the date of issuance of birth certificate without a court order.
- You can move to HC for it.
You can give POA to your relatives for HC.
The Current DP pic is of Sweden by the way.
- As per law, if hospital proofs of birth not available then the residential and identity proofs of candidate and his parents from the date of date of birth are required for correcting date of birth
- If , you have submitted these all documents with the application before the Registrar , then they cannot refuse to correct the same.
- If refused, then a court order is needed for the same.
Thank you all for your valuable comments and suggestions on my D.O.B issue. Since everyone recommends me to get a court order to correct my D.O.B, I would like to know how long (Appox.) would it take after submitting the petition to HC ? Many thanks in advance.
Asked 3 years ago
It would depend upon pendency of cases in your city
It may take 6 months
It is another regular case in the court, hence it may take at least one year or more for disposal of the case.
Dear Sir,
1) The time taken to dispose off a case will depend on the the city and high court, its may take anywhere from 6 Months to a year for disposal of petition.
Thank you
- Firstly you should follow the suggestion that i mentioned above
- If Registrar refused even after submitting all the proofs , then you can file a petition before the court
- During the covid it may take at least one year , otherwise it can be finalize within the year .
- You can also file your court in lower court as well after issuing a legal notice to the Registrar under section 80 cpc