• Change in DOB in passport

Hello sir,
My name is Aditya and I recently had applied for reissue of my passport as I am a major now. My DOB in the old passport is wrong , hence I wanted to correct it . While I was in the process in PSK, the APO opened my file ( in their system) and saw the old Birth certificate that was recorded in their system and the birth certificate which I have currently are different. So ,they right away rejected it and directed me to go to the Bangalore office with court order.
But according to Law of MEA regarding change of DOB , when an applicant is minor at the time of issue of passport and when the applicant applies for reissue when he/she turn major , change of DOB is possible.
Requesting help and guidance about how I can get this issue resolved in the fastest way possible
Asked 7 years ago in Civil Law

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9 Answers

if your date of birth was wrongly mentioned in your birth certificate you should apply to registrar of birth for correction of date of birth in said birth certificate

2)if passport office reject your application for reissue of passport you need court orders for issue of passport with rectified birth certificate

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

1. Make a written representation to the passport authority to change the DOB on that MEA rule.

2.Another option is to make an affidavit from a Magistrate and submit it once again.Making an affidavit from local magistrate is not so difficult.

3. If still the new passport is not issued then file a writ petition.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

What's with the discrepancy of DOB in your old and new birth certificates?

To change your DOB now, you'll have to establish that the DOB in your old birth certificate is wrong. Move a representative before the concerned passport officer with a request for change in DOB. In addition to the new birth certificate, adduce some other docs as well which reflect your correct DOB. Also, furnish an affidavit, if the authorities demand.

If despite taking the above steps, your grievance is not addressed, approach the High Court seeking a writ of mandamus.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

Hello,

That means now you have approached the authorities with a new birth certificate that has your new date of birth. This (http://passportindia.gov.in/AppOnlineProject/pdf/AHD_IS-0130249_Y.pdf) link solves the queries about the change of DOB.

You may straightaway approach the High Court and get the order quashed if the law is in your favour.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

The link which I have shared clearly states the the DOB can only be changed on basis of the BC. If you have a birth certificate with new birth then the authority can not deny. therefore the court can direct the authority to consider your application as per law.

I hope all the other documents of yours have the DOB as mentioned in new DOB certi.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1)what is evidence that you have of correct date of birth?

2) do you have hospital discharge reports mentioning correct date of birth ?

3) if so seek court orders for issue of passport on correct date of birth

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

1. Your query is silent on when did you attain the age of majority.

2. If the DOB on the original passport was erroneous then it was incumbent on you to apply for rectification of it at the earliest after having attained the age of majority. The error should have been applied to be rectified in the original passport itself before applying for reissue.

3. Now a civil suit for mandatory injunction is required to be filed against the RPO in the competent civil court, without an order of which neither the passport will be renewed nor the error of DOB rectified,

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

For change of date of birth in the passport you may have to follow the procedure as advised by the passport authorities.

You are right that if you were a minor at the time of issue of passport for the first time, the date of birth can be corrected any time when you are a minor or when you apply first time for re-issue of passport after becoming a major.

Only a genuine birth certificate issued by a competent authority will be accepted as proof of age for correction of date of birth.

No other document like school certificate can be accepted as valid proof for change of date of birth.

In exceptional cases, official documents proving correct date of birth can be considered.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

I have two BCs, one with wrong date and one with the

right. In PIA's records the wrong one is submitted hence the wrong DOB in the passport .So what the court should be?

How did you get two birth certificates?

What was the reason to obtain two birth certificate and how do yo0u say the present one is correct and genuine.

You have convince the court about the genuineness in the claim you make now.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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