Late Birth Registration (Varanasi) - SDM Order Denial

798 votes

No, your birth registration cannot be legally denied only because your Aadhaar address is not from Uttar Pradesh. Why: • Aadhaar is not a mandatory document for birth registration. • UP government itself has clarified that Aadhaar is not a valid or compulsory document for birth registration. • Birth registration depends on place of birth, not present address. • You have already submitted valid documents like school leaving certificate, 10th marksheet, and passport, which are accepted proofs for date of birth. Legal Position: Even after many years, delayed birth registration is allowed under law if sufficient proof is provided. Denial merely on Aadhaar address is arbitrary and legally unsustainable. What you should do next: • File a representation/appeal before the District Magistrate, or • Approach the High Court to challenge the SDM’s order. This issue can be resolved legally with proper drafting and procedure. If you want it handled correctly without repeated visits to offices, you may contact me for professional assistance.

Advocate Vaibhav Sangam Mishra LawRato

644 votes

The refusal to register your birth only because your Aadhaar card shows an address outside Uttar Pradesh is not legal. Birth registration is governed by the Registration of Births and Deaths Act, 1969. Under this law, the deciding factors are the date and place of birth, not the present residential address of the applicant. A person born in Varanasi remains entitled to birth registration in Uttar Pradesh, even if the family shifted to another state later. Further, as per recent UP Government instructions, Aadhaar card is not a mandatory or valid document for birth registration, particularly in delayed registration cases. Therefore, relying on Aadhaar address to reject the application is incorrect. You have already submitted reliable and accepted documents such as the school leaving certificate, 10th marksheet, and passport, all of which record your date of birth consistently. These documents are commonly relied upon for delayed birth registration after proper verification. The Sub-Divisional Magistrate is required to conduct an inquiry and examine the evidence placed on record. Rejection without proper consideration of these documents amounts to arbitrary and unlawful exercise of power. Such an order can be legally challenged before the appropriate authority or the High Court for reconsideration and issuance of birth registration.

Advocate Rahul Agarwal LawRato

642 votes

Registration of birt is your right. Government authorities cannot deny it. If they are doing it that's illegal. You can approach Hon'ble High Court at Allahabad with all the relevant documents for a suitable writ or direction to the concerned authorities for registration of your birth at Varanasi.

Adovcate Piyush Pandey LawRato

880 votes

No, denial of delayed birth registration solely on the basis that your Aadhaar address is not from Uttar Pradesh is not legally sustainable. Under the Registration of Births and Deaths Act, 1969, the place of registration depends on the place of birth, not on the present address of the applicant. Since you were born in Varanasi, the competent authority in UP has jurisdiction to register the birth, even if your family later shifted to Gujarat. For delayed registration (after 1 year), the law requires an order of the Sub-Divisional Magistrate/Executive Magistrate along with documentary proof of date and place of birth.

Advocate Honey Pamnani LawRato

972 votes

To get the full legal roadmap, specific case laws, and the drafted appeal, please proceed with a Paid Consultation. This will ensure your 35-year delayed registration is processed without further rejection.

Advocate Sudesh Kumar LawRato