• Date of birth certificate

I have given application to municipality for issuing my birth certificate as I did not have one and I was born in 1976. The application is given in name of anamika mishra.Mishra is my surname after marriage . what surname should my birth certificate contain 
1. The surname underwhich is was applied i e Anamika mishra
 2. or my surname before marriage tiwari ie Anamika tiwari

I have been advised it will be issued with name under which application if iled which is my current name Anamika mishra as it is being issued now.

Please advise
Asked 2 years ago in Civil Law

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8 Answers

If your name before marriage was Anamika Tiwari, then it would be better that you get your name registered in your birth certificate by your maiden name itself instead of the name after marriage.

This will not lead you to any confusion because you were known by your maiden name only till you were married to Mishra's family, therefore it is advisable that you get it registered on your maiden name itself.

T Kalaiselvan
Advocate, Vellore
87707 Answers
2355 Consultations

Birth certificate should in name before marriage ie Anamika  Tiwari 

Ajay Sethi
Advocate, Mumbai
97505 Answers
7882 Consultations

Take birth certificate in name of A Mishra as you have stated that authorities have informed you that birth certificate cannot be issued in your birth name 

 

your passport is in name of A Mishra so name on birth certicstes matches with your passport 

 

Hence advised you to go ahead with  A Mishra only and not A Tiwari 

Ajay Sethi
Advocate, Mumbai
97505 Answers
7882 Consultations

The law is…

  1. Before marriage all documents of a woman should be in maidan name.
  2. After marriage should be changed to the family name of husband.
  3. You can get you name changed in all documents after marriage submitting proof of marriage certificate.
  4. If you want, you can also get you name changed in birth certificate by submitting an application under Section 15.

Ravi Shinde
Advocate, Hyderabad
4419 Answers
42 Consultations

You have been advised about the legal complications for giving your name after miscarriage.

You were not born to Mishra, but Tiwari was the title at the time of your birth and to evidence your maiden name as mentioned in the school certificate is Tiwari, which is the correct position. You can follow the name change process to match your other identity documents. 

Why do you want to lose your original identity.

T Kalaiselvan
Advocate, Vellore
87707 Answers
2355 Consultations

You can do gazette  notification and change the same. You can also change it if any clerical error is there in your name 

Prashant Nayak
Advocate, Mumbai
32863 Answers
209 Consultations

- As per law, you cannot change the name in tenth certificate after two years from the date of passing the same. 

- Further, as your passport is having Anamika Mishra , then you should apply for the correction in the name of birth certificate after submitting the copy of the passport and other documents. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

Dear client,  

As per the information provided by you, it appears that your legal name after marriage is Anamika Mishra and all your documents like passport, Aadhaar card, and PAN card have your current name. However, your birth certificate needs to mention your original name at the time of birth.

In such cases where the birth registration is being done after a long period, the authorities generally issue the birth certificate in the current name of the applicant. In your case, as all your documents have the name Anamika Mishra, the birth certificate is likely to be issued with the same name.

However, to avoid any confusion or discrepancies in the future, you can also request the authorities to include your original name at the time of birth, i.e., Anamika Tiwari, in the birth certificate along with your current name. This will ensure that both names are mentioned in the certificate, and there is no issue with the name mismatch.

It is advisable to consult the concerned authorities in your municipality for further guidance and clarification on the process of birth certificate registration and issuance.

 

Anik Miu
Advocate, Bangalore
10386 Answers
121 Consultations

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