• Can I cancel a birth certificate since created new birth certificates unknowingly

Is there any way to cancel the birth certificate in India?
While changing the name in BC, 3rd party vendor created new certificate instead of changing the previous one.
How to cancel a birth certificate?
Is non-availability of the BC is sufficient to submit the passport office.
Asked 2 years ago in Civil Law

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9 Answers

You can do the same by approaching the municipal Corporation and do the cancellation

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

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, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation. 

therefore the act provides that a wrongful entry can be corrected.

act accordingly.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

You can file writ petition in HC to direct registrar of birth   to cancel your birth certificate 

 

registrar would not cancel the birth certificate without court orders 

 

 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Under Section 15 of Birth and Death Registration Act, the Registrar of Birth and Death (Municipal Authority) has power to cancel the birth certificate. Following is the procedure under Births and Death Registration Act for cancellation birth certificate …

  1. Submit an application to the Executive Magistrate/Tahsildar/MRO for direction to municipal authority for cancellation of birth certificate.
  2. A notarized affidavit of applicant stating reason for cancellation of bc.
  3. Copy of birth certificate issued by municipal
  4. Notarized affidavit of mother and father supporting affidavit of applicant.
  5. Executive Magistrate/Tahsildar/MRO will give direction to municipal authority for cancellation birth certificate.
  6. Take that direction to municipal authority and apply for cancellation of birth certificate.

 

 

Registrar will make appropriate entry in margins of register and cancel the birth certificate.

 

 

 

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Under Section 15 in The Registration of Births and Deaths Act, 1969 , there is provision to cancel the birth certificate. 

- Hence, you can move an application before the Registrar for cancelling the said birth certificate after giving a valid reason. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Hi, you have to file a Suit before the Competent court for cancellation of Birth Certificate.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

A birth certificate cannot be cancelled for any reason.

If you feel that this certificate is false then you may have to get it declared as false through court of law and seek direction to the concerned birth registrar to make entries accordinlgy in the birth register. 

The passport authorities will not consider the non availability certificate in lieu of the authentic document to prove the date of birth of the applicant

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Client, 

                    In cases where there are two birth certificates, it is usually the second birth certificate that should be declared void and correspondingly cancelled even if the entries therein are claimed to be the correct ones. Hence, you can go for cancellation of the second certificate and further go for rectifying the first one.Moreover, an individual is allowed to apply for a passport without submitting a birth certificate. Instead, the applicant can provide any of the documents that the government has listed.The individuals who do not have a birth certificate can now submit School leaving or Matriculation or Transfer Certificate,Aadhaar Card,PAN Card , Service Record, Voter ID Card or driving license document along with the passport application form to fulfil the eligibility criteria.

Thanks & Regards

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

No procedure of cancellation under law. 

 

You may file a suit to get it declared a nullity. 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

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