Birth certificate record discrepancy

690 votes

Dear Client, There is no provision under any law for cancellation of a registered birth certificate even it is created or generated by default. So, to defend such cancellation, you have to gather all necessary documents that include your hospital records, original birth certificate and to visit nearest police station for filing a written complaint stating that a wrong or fake certificate was generated unintentionally by default and now want to cancel it. The police may either register a GD or NCR to officially record your complaint. Then you have to apply to the Registrar under the Birth and Death Registration Act, 1969 mostly available in the office of the municipality seeking cancellation of the wrong/fake birth certificate along with all the supporting documents including copy of GD/NCR. In some cases, Registrar may ask for an affidavit to process the application. Post processing of application and updation of DOB in record, you can access the corrected and updated record and can apply for issue of hard or soft copy of your birth certificate. Recently in a case, Hon'ble High Court of Karnataka has directed the State Government to issue appropriate orders to Registrars under BDR Act to cancel the earlier birth certificate while issuing a new one after correcting errors.

Advocate Soumendra Kumar Dutta LawRato

626 votes

Thank you for sharing your case. Based on the facts you've mentioned, I would need to examine the relevant documents before giving any legal opinion. Please send me: Your old and digital Birth Certificates, Any cancellation notice or communication, Any document supporting your actual date of birth, and Details of any representation made to the Barrackpore Municipality. After reviewing the records, I will assess the legal position and advise you on the most appropriate remedy. If a legal solution is available, I will guide you through the next steps. You may contact me directly to discuss the matter in detail.

Advocate Avijit Paul LawRato