Hi, My brother's original date of birth is 2 March 2003. He has two Birth Certificates from the Office of the Registrar of Births & Deaths - one for 2 March 2003 (Registered in 2003 itself) and another for 2 March 2004 (Registered in 2008). All his School Passing Certificates, including his Aadhar Card, are registered for 2 March 2004. But, his first Passport was issued on 7 Feb 2013 with the D.O.B. as 2 March 2003. His second Passport was issued on 6 Aug 2019, again with 2 March 2003 as his D.O.B. Now, my brother is planning to travel abroad to pursue higher studies, for which we thought we should get his Passport reissued with the D.O.B. as 2 March 2004 so that it matches with his D.O.B. on all his School Certificates. After his successful appointment as the PSK, they moved his file to RPO, when he arrived for his scheduled appointment to the RPO Office, they refused to reissue the Passport unless he could produce a Cancellation Certificate from the Registrar of Births & Deaths, stating that his Birth Certificate for 2 March 2003 stands cancelled and his certificate for 2 March 2004 is the only original Birth Certificate. We have tried to connect with several people and have found that there is no such document as 'Cancellation Certificate' and neither would a Registrar cooperate in providing any such document for Passport-related issue. Please guide us on what shall be our next legal steps into the matter so that this issue can be resolved at the earliest.
File RTI application with registrar of birth as to whether cancellation certificate can be issued for second birth certificate
2) if they refuse draw attention of RPO to said reply
3) if they still refuse to reissue passport file writ petition in HC against RPO and registrar of birth
Any entry of a birth of death in any register kept by Registrar is found to be erroneous in for or substance, or has been fraudulently or improperly made he may correct the error or cancel the entry by suitable entry in the margin and will sign the marginal entry and add the date of correction or cancellation under Section 15 of the Registration of Births and Death Act, 1969. There is provision for every error or mistake under law. But it requires specific procedure .
Dear Sir,
1. According to Section 15 of the Registration of Births and Deaths Act, 1969;
If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alternation of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation.
2. Please go to the Office of Chief Registrar in the respective state and ask for a correction certificate. You will have to take aadhar card/valid id proof to prove the date of birth. You will be asked to fill a few forms. The corrected DOB shall be registered within a period of 1 month or so.
3. Only a genuine birth certificate issued by the competent authority will be accepted as a proof of age for correction of date of birth in the passport. No other document such as School Certificate etc. will be accepted for correction of date of birth.
God Bless
Thank you
For reissue of the passport with the DOB of your version, you may have to produce substantial evidence to prove the correct date of birth.
Since both the birth certificates have been issued by the same registrar, you may have to ascertain that which birth certificate or the date of birth is correct based on the reliable information or relevant documents.
After that you can approach court of law with a suit for declaration to declare your correct date of birth on the basis of the documentary evidences you rely upon and also seeking direction to the registrar of births and deaths to issue a fresh birth certificate based on the court decree, which would suffice the requirement.
You may not be able to correct the date of birth by any other method.
1. Your brother's problem is a bit complicated since his DOB being 02.3.2003 was registered in the year 2003 itself i.e. before his another DOB being 02.3.2004 as claimed by him.
2.It will be prudent on his part to execute an affidavit before a 1st Class Judicial Magistrate affirming that inadvertently his DOB has been mentioned as 02.3.2004 in all his educational documents which are required to be corrected by issuing the said certificates afresh.
3. On receipt of the said affidavit, he can approach all the authorities to isue his educational certificates afresh duly correcting his DOB.
4. Prima Facie he has no logic/argument to offer to clarify how his DOB being 02.3.2003 was registered in the year 2003 itself when he was not born.t
- As per law , having two birth certificates with separate DOB is an offence.
- Further , after 2 years from passing the academic qualifications correction cannot be entertained , except a court order
- However, all the other documents can be corrected with the correct DOB
- You brother should move an application with all the supporting documents to the birth Registrar office for correcting the said birth certificate which having wrong DOB
- If, refused then file a suit before the court for getting order for correcting the DOB.
