You would need to file case in court to get orders to change date of birth in passport
if you have submitted birth certificate mentioning wrong date of birth then you should get orders from court in city which issued birth certificate
DOB change in passport - obtaining court order document
Hi, my question is regarding this mentioned on supporting docs section of updating passport “ COURT ORDER ISSUED BY JUDICIAL OFFICER A court order issued by a judicial officer, not below the rank of 1st Class Magistrate in India OR a Competent Authority (issues an amendment or correction in the date/place of birth of the applicant. The Competent Authority issuing the amending order should be the same authority whose certification was submitted at the time of the issue of the original passport. The Competent Authority in such cases can be Municipal Authorities (for date/place of birth and Educational Board Authority (for date of birth). Birth Certificate issued by Government/Municipal authorities” Now my question is can a SDM is also considered rank 1 class magistrate or do we need to file a case in court in order to get this document. Second, do I need to get this doc from the state issuing birth certificate or state issuing passport or as long as anywhere in India a rank 1 magistrate provides order will work? Thanks Zoheb
Asked 3 years ago in Civil Law
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6 Answers
The Registrar of Births and Death of the local Municipal Authority is competent officer to issue, amend, correct and cancel date of births on the direction from First Class Magistrate. Power to issue such direction is delegated to Executive Magistrate in Metropolitan Areas and on Tahasildar in district. For the purpose of issuing such directions Executive Magistrate/Tahasildar is competent authority. Passport Authority have to power to issue direction/birth certificate. Obtain it from Municipal Authority on the direction of EM/Tahasildar depending on your location.
If there's an error in the Birth certificate and has not been rectified within a time stipulated for rectifying the same, then it can be rectified only by an order of court.
Since this has crossed over the time limit of the competent authority rectifying it, you have no option than to approach civil court with a suit for declaration to declare correct date of birth on the basis of supporting documentary evidences produced before court.
- No, SDM is considered as class II , and only the magistrate in the court is first class
- However , the Tehsildar is authorize to issue a birth certificate and to correct the same in case of any error
- Further, only in case of rejection from the Tehsildar , a court order needed.
Dear Client,
SDM is a 2nd class magistrate. order from the rank 1 magistrate would be enough.
You need to approach judicial magistrate of first class ot other appropriate jurisdiction judge as per your area.
