Legal Question in Civil Litigation in India
old passport of a person (Now)senior citizen, validity expired, where date of birth mentioned was wrong, now applied fresh with corrrect date of birth with all supporting documents showing correct date was rejected by passport authority & asked to bring City Civil Court order for correct date of birth , how to get it ?
2 Answers from Attorneys
WHO ADVISED TO DO LIKE THIS? Do you obtained any legal advice before that?
In fact
You have committed blatant mistake by mentioning correct date of birth. You have no right to do so. You only say the birth entry is wrong. The appropriate authorities may say you have committed offence for any gain. I am not commenting you. So pls dont mistake me.
FIRST OF ALL and LEGALLY you cannot say I was born on so and so date? How do you know you are born on that day? By your parents? Hence your parents only can say your date of birth
As per law
You have file a suit for declaration to declare you date of birth also for mandatory injunction directing the appropriate authorities/corp to change the entry. After Judgment, after rectification and issuance of new Birth Certificate, you can use the new real one. The same is time consuming. otherwise you can try by filing Writ before High Court for speedy remedy
Bennet Raj J M.L., Advocate, [email protected]
see a lawyer and he would do the needful.
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