My grandfather has 3 sons, and my father is youngest among them. My grandfather died in 1973 and in that same year my father was born. Unfortunately, the birth year mentioned in my father's birth certificate, Aadhar card, voter card and pan card is 1978. My father knew his original date of birth but was reluctant to correct it and currently he does not have any supporting documents to prove his year of birth as 1973. Now my uncles are threatening to deprive us of our share as they are saying that my father is not my grandfather's legal heir. Kindly suggest what will be our course of action in this matter and also please tell if my father will be in any trouble due to wrong date of birth.
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Your father can take the plea that date of birth recorded wrongly
2) get grand mother affidavit regarding actual date of birth
3) hospital discharge record woukd reflect your actual date of birth
4) further DNA test woukd reveal father is sibling of your uncles
- Your father can apply for the correction of the date of birth before the Birth Registrar after submitting the proofs of his mother with his other documentary proofs.
- The date of birth can be corrected at any stage of life after submitting proof of parents .
- If your father is having his parents details , then he cannot be deprived from the share legally on any ground.
Dear client,
In India, legal procedures can be used to resolve errors in birth certificates. To change his birth year, your father can petition the local court, supplying proof in the form of transcripts from his education, affidavits, or any other relevant paperwork. In India, inheritance matters are governed by the Succession Act of 1925. In the event that your father can prove his actual birth year, he will continue to be recognised as the legitimate heir. But it's imperative to move quickly because waiting could harm the case. If your father keeps inaccurate records, there may be legal repercussions.
Hope this helps you.
Thanks for quick replies.. Actually my grandmother died in 2012. And since its over 60years old, my father doesn't have hospital discharge record or any other supporting documents other than adhaar card, pan card, ration card, and birth certificate and in all of those wrong date of birth mentioned. Can my father get into forgery charges for using wrong date of birth in his all documents? Thanks.
Whether your grand mother is still alive ? If so
Your father can file a petition in court for correcting date of birth and your father and grand mother can file affidavit showing correct date of birth . You can produce two witnesses of local area if required to support your claim on correct date of birth
Alternatively if his birth is registered in local body ( panchayat/ Municipality ) they can issue correct birth certificate.
Only paternity is in question not maternity as such your father still have some right in the property your grand mother succeed from your late grand father.
Date of birth was entered into in birth certificate by parents
also in school leaving certificate date of birth was entered into by family members
your father was not at fault
- He can submit the proofs of his parents for correction of date of birth even they are not alive
- Your father can execute an Affidavit for the same after mentioning that actual his DOB is 1973 , and which is wrongly mention as 1978.
Your father has to get the correct date of birth declared through court of law with the help of any supporting documents to prove his year of birth.
This is the only way to prove that he was born to his father because his father died long ago than his birth date.
Therefore the dispute will sustain if your father is not taking any correction action in this regard.
It depends on the complaint made against him for forgery etc.
Who was responsible for this incorrect date of birth.
It will not be possible to correct his date of birth without valid documentary evidence.
Dear client,
Gather any evidence supporting your father's actual birth year being 1973. This could include old school records, hospital records, or any other documents from that time. Even testimonies from individuals aware of the correct birth year could be helpful. While it might be challenging without concrete evidence, there are legal processes to correct the birth year on official documents. Your lawyer can help navigate this process, but it typically involves submitting a petition with supporting evidence to the appropriate authorities.
If necessary, consider establishing paternity through DNA testing to confirm your father's relationship with your grandfather. This might strengthen your claim to inheritance. Attempt mediation to settle the dispute amicably if possible. If not, legal action might be necessary to establish your father's rights as a legal heir. Your father might face legal repercussions for discrepancies in his official documents. However, if there's a valid reason for the mistake (such as lack of documentation from that time), and he's willing to rectify it through the proper legal channels, it might mitigate any potential legal issues. You can reach out to us for further assistance