I'm 31 years old. I was born overseas. Recently I found my original hospital records and my mother's old passport issued by the Indian consulate with my actual date of birth and place of birth. We had lost it on our travel back to India 31 years ago. I got a different dob and place of birth on my birth certificate which was issued in India when I landed. all my documents thereafter have the same information. I would now like to get all of it corrected to the original date and place. Mainly the passport, My first passport was issued when I was 17 years and 6 months and I have renewed it once. I'm looking for someone with experience in a case like this and want to know how to proceed.
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Since you were minor at time of first issue of passport on attaining majority or at time of first reissue of passport date of birth could have been changed by making application for reissue of passport
2) passport office will not change date of birth in your passport after so many years
3) these guidelines have been issued by passport office based on judgment of Kerala high court dated 23/6/2015
When all the relevant records show the same dob and place of birth, the need for a change is not clear. It will be practically difficult, nigh, impossible to undertake such an exercise in India. However, you may opt for any lawyer of your choice for further action.
I understand that it's quite late and the passport authorities would reject my request but I've been told that it's still possible.... but only through a court order. I have the original hospital letter, health records, and the mother's old passport with this information. I am adding two similar cases for reference : a. Atul Frady vs Union Of India Thru Secy Passport ... on 4 December 2019 https://indiankanoon.org/doc/57824918/ b. Chippy Richy Cheriyan vs Union Of India on 24 April 2016 https://indiankanoon.org/doc/2315189/ A few questions: a. Since it's a complex situation, I am looking for a lawyer with experience in such cases, but is that important? b. My documents are all done in Delhi, where I grew up. My birth certificate is from Kerala, which is my native place and I'm working in Bangalore currently. Can I engage with lawyers based in any of these cities? Does it have to be in Delhi? c. I've been asked to collect a rejection letter from the passport authorities first and then contest that in court. What is your advice? d. What does the process of getting a court order look like? How long would this take typically and what are the chances this would work in my favor?
You have stated that you were born in overseas and have found the original records regarding your date of birth, place of birth.
In that case you were not born in India, therefore you cannot get a birth certificate in India and the one what you have now is invalid. You may have to apply for birth certificate in the country of your birth by producing the details of your birth.
Subsequently you have to get your date of birth declared as per the birth certificate issued by the country of your birth in an Indian court of law.
After that with the copy of the judgment you can get the passport reissued with the details of date of birth and place of birth rectified.
On that basis you can get all your document s corrected accordingly.
1. The situation is not complex if you follow the procedures as suggested
2. You can engage the services of a lawyer practicising law in the place where you would like to file the suit for declaration.
Since all your records show Kerala address, it would be better that you file a declaration suit in the place of your residential address in Kerala.
3. You can proceed with whatever is convenient to you.
4. You cannot get an order from court by just giving an application.
You may have to file a lawsuit observing the procedures of law as prescribed in the law for filing the suit for declaration. You should seek to declare your place and date of birth as per the birth certificate issued by the foreign country.
You may first have to obtain the birth certificate issued by that country, get an apostile copy of the same, file a lawsuit for declaring your correct place and date of birth on the basis of the original birth certificate issued by that country by producing the original birth certificate and the apostile copy of the same and seek a direction to the regional passport office to reissue the passport with the correct details of the place and date of birth as per the decree and the judgment given by the court.
The process in this regard may take time at least more than a year.
1) collect rejection letter then file writ petition in Hc IN DELHI where passport was issued
2) disposal of writ would depend upon pendency of cases in HC
3) Better engage lawyer having experience in such cases
you can get it corrected by placing the correct original on record.
You need to mostly apply to the passport office which issued to the said passport or other kendra where such rectification can be done.
You can contest rejection letter too.
It may take time due to covid and listing issues.
Dear client,
a) it is important
b) any of these cities is fine but it is recommended to go for the city you can travel to courts
c) It is better to get a rejection letter as then the case will be easier
d) can take about a year if properly processed.
Thank you
