Obtain court orders to direct bmc to rectify middle names in birth certificate
How can I go about having my parents names corrected on my birth certificate issued by the municipal authorities? Their first and surname are correct but middle names are incorrect. What options do I have if the BMC refuses to make the correction? Thanks in advance.
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Thank you Sir. How long does it take to get such a court order and also is this something you undertake to do?
1) Section 15 of the Registration of Births and Deaths Act, 1969 provides for correction or cancellation of entry in the register. For this purpose, it has to be proved to the satisfaction of the Registrar that any relevant entry is erroneous in form or in substance (etc.). Even then, the original entry is not to be deleted or altered and a marginal entry is to be made. Rule 11 then deals with specific procedure to be followed. It does not seem to be a case of any formal error but the entries seem to be erroneous in substance.......if erroneous at all. For this purpose sub-rule (4) specifically provides for declaration by two credible persons having knowledge of the facts of the case. Further, the Registrar may before arriving at the satisfaction like to give opportunity to show cause to the mother or the persons who had given the report earlier
2) if registrar refuses then you need court orders .we cannot give you a time line within which court would pass orders
You cannot get their names corrected in your birth certificate but you can always get an affidavit duly notarized about their correct name and publish the same in two local newspapers, keep them along with your documents, which would be sufficient.
Dear client,
Regarding the correction of names on a birth certificate issued by municipal authorities, the process can vary depending on the laws and procedures of the particular municipality or region. However, here are some general steps you can consider:
Review the rules and regulations: Familiarize yourself with the rules and regulations of the municipal authorities regarding the correction of names on birth certificates. These rules can usually be found on the official website of the municipal corporation or through direct communication with their offices.
Gather supporting documents: Collect all relevant documents that can establish the correct names of your parents, such as their identification documents, passports, or any other official records that reflect their correct middle names. These documents can be essential in supporting your request for correction.
Submit an application: Prepare a written application explaining the need for the correction and attach the supporting documents. Follow the prescribed procedure provided by the municipal authorities, including any required forms, fees, and supporting documents.
Follow up with the municipal authorities: Regularly follow up with the municipal authorities to track the progress of your application. You may need to provide additional information or attend any hearings or meetings requested by the authorities.
If the municipal authorities refuse to make the correction despite proper documentation and following the prescribed procedure, you may need to consider legal recourse. Consulting with an attorney who specializes in civil law or municipal matters can help you understand the specific legal options available in your jurisdiction. They can guide you through the process of obtaining a court order, which may be necessary to compel the municipal authorities to correct the birth certificate.
The duration for obtaining a court order can vary depending on the complexity of the case, the workload of the court, and other factors. An attorney can provide a better estimate based on their experience and knowledge of the local legal system
- If your parents are alive , then they can execute an Affidavit after declaring his correct name
- Further, there may be requirement for publishing of this declaration in two leading newspapers of your area.
- Further, submit the same before the BMC for correction with an application
- However , if your parents are no more , then you will have to file a petition before the court for directing the BMC to correct their names. It can take 6 to 1 years or depend upon the burden of the court.
Under Section 15 of Births and Deaths Registration Act, 1969, the Registrar of Births and Deaths (Municipal Authority) has power to make correction in birth certificate on direction from Tahasildar/Executive Magistrate/MRO/Mamlatdar etc. Following is the procedure under Births and Deaths Registration Act for correction of birth certificate …
Submit an application to the Tahasildar/Executive Magistrate/MRO/Mamlatdar seeking direction to municipal authority for correction of error in birth certificate surrendering the incorrect birth certificate issued by municipal authority enclosing following documents