• Related Birth Certificate

Hi Ashish,

My Questions regarding my birth certificate date and legal documents date issue.

In birth certificate the date is 6 september 1989. and in All marksheet and legal documents it is 6 september 1990. I am working in multinational company.

I want to apply for passport. For people who born after 1 jan 1989, mandatory for them to submit the birth certificate.

My question is:
 
Can i make passport with the birth certificate only or do i need to change in all legal documents?

What should i do ?
PS.  i am not going to study in abroad  , i want it for small trip only or if company sends me onsite for short period time.

I dont know at which category i should put this question so i am putting it on Family Law.

Thanks in advance.
Asked 1 year ago in Family Law from Jaipur, Rajasthan
Religion: Hindu
Your passport application will not see the light of the day unless the discrepancy between the date of birth in both the documents is resolved as your birth certificate will be sought by the RPO for scrutiny. You will inevitably require court orders to rectify the error in the documents concerned as the competent authority is not going to allow a rectification to be carried out belatedly.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
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1) there should not be any discrepancy in your date of birth as per birth certificate and school leaving certificate 

2) you should have the date of birth changed in your other documents .

3) after so many years education board will not change the date of birth . you would need court orders t do so 
Ajay Sethi
Advocate, Mumbai
25967 Answers
1414 Consultations
5.0 on 5.0
If you have not applied for passport, you may now apply for it on the basis of birth certificate  because you have to enclose a copy of the birth certificate long with the application. 
If the passport authorities dispute about the discrepancy in the birth certificate to that of the educational certificates, and issues you a show cause notice that why it should not be rejected, then you may in your reply state the facts and request their permission to withdraw the application with permission to apply afresh with authenticated documents to prove your correct date of birth. 
After that you can file a declaratory suit before a civil court to declare your correct date of birth based on the birth certificate and direct the educational authorities to amend the educational certificates accordingly. 
With the court order in your favor, you may apply afresh with the amended details, this will solve your issue. 
T Kalaiselvan
Advocate, Vellore
16337 Answers
153 Consultations
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Hi, you have to file a deceleration suit before the court declare that your birth date is 06-09-1989 and not 06-09-1990 and also request the court change the date of birth in all other subsequent documents.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
149 Consultations
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1) you would still require your birth certificate as to proof of your date of birth 

2)as on date birth certificate is necessary 
Ajay Sethi
Advocate, Mumbai
25967 Answers
1414 Consultations
5.0 on 5.0
Dont go by the words of politicians who give lectures on stages for political gains.
Sushma swaraj is not an authority to issue passport with to a defective application. She cannot amend the rules or law meant for issuance of passport on the political stage where she is addressing a public meeting. Any changes in the law has to be enacted through parliament by both the houses passing a resolution for amending the prevailing law. 
so dont be carried away by such public meeting utterances.
T Kalaiselvan
Advocate, Vellore
16337 Answers
153 Consultations
5.0 on 5.0
This would, in the absence of a clear provision to the contrary, apply to new passport applications and not the ones which were made under the unamended rules.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0

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