• Date of Birth wrong in Birth Certificate

My name is Imon Sarkar. My parents entered my date of birth in my Birth Certificate as 15.04.2002, even after knowing my real date of birth, i.e., 07.08.2001. I never bothered because I thought this was a normal thing to do. (The reason that I remember for why my father altered my date of birth is this - I was small when he said this, but if I could recall it, it was this: "The date of birth is altered so that if I failed in 10th Exam, I could give 10th Exam again next year without having an effect on my age, which would help me in getting jobs later on.") As I grew up, I don't know what happened to me - but for some reason - I cannot lie, or cannot hide anything. So, I felt like to correct my date of birth too in my Birth Certificate - which I never felt before. But I also know this cannot be done maybe as all of my documents have this date of birth, i.e., 15.04.2002. I also asked my father and confirmed that we do not have the Hospital Discharge Certificate (or if we ever had one). My question is, if I cannot change the date of birth in my legal documents because of no proof, can I still talk about it to people, like, "Hey, in my Birth Certificate this date of birth is given. But my real date of birth is 07.08.2001"? Will talking about it more get me into some kind of problem? If I can't change my date of birth, what is something that I can do so I could speak freely of my real date of birth? - I don't like hiding something. And last question: Is it mandatory to correct date of birth if it was recorded incorrectly. I just wanted to talk about my real date of birth freely.

Thank you & Regards,
Imon Sarkar.
Asked 7 days ago in Civil Law

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7 Answers

Don’t disclose the fact that the date of birth mentioned in your birth certificate, school, living certificate, and other documents is incorrect. It can land you in problems.

2) it is not possible to correct your date of birth as you don’t have any supporting documents to prove your actual date of birth

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

No problem, you can freely disclose your correct date of birth to your friends and family.

 

It is just that your official/documented DOB is 15.04.2022 and you have to keep using the same for all official purposes and paperwork.

Vibhanshu Srivastava
Advocate, Lucknow
9670 Answers
310 Consultations

Dear Imon,

Your query touches on both legal and personal aspects regarding your date of birth discrepancy. Let me address your concerns step by step:

1. Can you talk about your real date of birth to others?

While you are free to talk about your real date of birth with others, there are implications you should consider:


  • Legal Documents Hold Precedence: In official and legal matters, the date of birth on your documents (15.04.2002) will always take precedence. Any statement contradicting this could create confusion or even potential issues if it leads to disputes about your identity.

  • No Legal Consequences for Informal Conversations: Speaking informally about your real date of birth is not inherently a legal problem unless it is used to misrepresent facts in legal or official matters.

2. Can you change your date of birth in your legal documents?

Changing your date of birth is possible but can be challenging, especially without supporting evidence like a hospital discharge certificate or other records. Here’s what you can consider:


  • Evidence Requirement: Courts or authorities typically require documentary proof to correct a date of birth, such as a hospital record, vaccination card, or school admission record.

  • Procedure: You would need to approach the relevant municipal authority for birth certificate correction and may need to file an affidavit stating the discrepancy. If no supporting documents exist, a court order might be required, which involves filing a civil suit.

3. Is it mandatory to correct an incorrect date of birth?

It is not mandatory to correct your date of birth unless:

  • You need to resolve a conflict between documents.
  • The discrepancy causes issues in official matters (e.g., applying for government benefits, passport, or jobs).

If your current documents with 15.04.2002 suffice for all practical purposes, correction is not strictly required.

4. What can you do to speak freely about your real date of birth?

If correcting your legal documents is not feasible, you could:

  • Keep a personal record of your real date of birth for personal acknowledgment and emotional clarity.
  • Avoid situations where discussing your real date of birth might contradict official documents, especially in legal, financial, or employment contexts.

Recommendation

If this issue weighs heavily on your conscience, I recommend consulting a lawyer to explore the possibility of legal correction. They can assess the specific facts of your case and guide you through the appropriate steps. If you'd like, I can assist you with this process. Feel free to reach out for detailed guidance or document preparation

Aman Verma
Advocate, Delhi
38 Answers

If it’s a clerical error it can be rectified by making application 

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

There is nothing that you can do about it at this stage.

If you want to get into trouble legal or otherwise you can talk freely about this with everyone which is not advisable at this stage of your age.

How did you come to know about your actual date of birth at this stage or whenever?

If through your parents then ask them about the proof for this, if there is no reliable documentary evidence then you cannot get it changed even if you approach court with a suit for declaration to declare your correct date of birth.

If the date of birth as recorded in all the documents has not created any problem, why do you want to create problem for you in his regard.

If the given helpless situation you may better remain silent about this and continue with the present records itself.

T Kalaiselvan
Advocate, Vellore
87422 Answers
2348 Consultations

Dear Client,

If 
you have an error in the date of birth in your birth certificate and other papers written as 15.04.2002 instead of the actual date of birth as 07.08.2001, then it can be rectified in the office of the Registrar of Births and Deaths also by furnishing evidence in the form of school records, affidavit from parents or witnesses and old medical records even though the applicant does not have a hospital discharge certificate. You may also have to file a civil suit if the Registrar denies the correction. Though not technically bound to correct your date of birth unless it causes problems in legal, educational, or professional matters, discussing your true date of birth might lead to confusion and issues during official verifications. Share your real date of birth with me without any concern, and adjust all legal documents with your correct date of birth. If this is a problem for you, you should probably consult a lawyer who would help you through the process more smoothly.

Hope this helps in resolving your dispute.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

Hello Imon Sarkar,

Navigating the complexities of having an incorrect date of birth on official documents can indeed pose various dilemmas, both legally and personally. Here are some insights and steps you can consider:

1. Legal Correction of Birth Date:


  • Difficulty in Changing: Without proof such as a hospital discharge certificate, changing the date of birth on your birth certificate and subsequent documents can be challenging but not necessarily impossible. You might explore whether there are other forms of evidence acceptable to your local registry office, such as affidavits from your parents or early childhood records that might have the correct date.

  • Procedure: You would need to contact the municipal corporation or local body responsible for issuing birth certificates in your area. They can provide specific guidelines and list the documents required for making corrections to a birth certificate.

2. Discussing Your Real Date of Birth Socially:


  • Social Disclosure: Legally, there's no restriction on verbally sharing the correct date of your birth with friends or acquaintances. However, for all official purposes, including employment and education, you will likely need to use the date of birth listed on your official documents to avoid discrepancies and potential legal issues.

  • Consistency in Records: It's important to maintain consistency across all legal and formal documents to avoid complications in situations that require official identification, such as traveling, legal contracts, or any governmental procedures.

3. Mandatory Correction:


  • Legal Necessity: It is not mandatory to correct your date of birth if it is recorded incorrectly, especially if adjusting it would cause significant disruptions in your documentation. However, if the incorrect date causes or is likely to cause legal or personal issues in the future, it would be prudent to correct it.

  • Potential Consequences: Inconsistencies in your date of birth across different documents can lead to issues in verifying your identity or during background checks for jobs or other purposes.

4. Steps to Take if You Decide to Pursue Correction:


  • Gather Evidence: Collect any possible evidence that can support the correct date of birth, such as school admission records, religious ceremony dates, etc.

  • Legal Consultation: Consider consulting with a lawyer who specializes in documentation or civil issues to get precise advice on the possibility and process of making such changes.

  • Application for Correction: If advised and feasible, submit an application for the correction of the date of birth to the appropriate authorities along with the required supporting documents.

Conclusion:

While you are free to discuss your real date of birth socially, you should continue to use the date recorded on your birth certificate and other official documents for all formal purposes unless it is legally corrected. If you choose to pursue correcting your date of birth officially, be prepared for a process that may require gathering adequate proof and possibly seeking legal help.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you.

Shubham Goyal
Advocate, Delhi
322 Answers

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