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Birth Certificate
How Can NRIs Rectify Incorrect Date in Their Birth Certificate?

How Can NRIs Rectify Incorrect Date in Their Birth Certificate?

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The internet is flooded with the suggestions on how to change the date on your birth certificate. I was, also, looking for the same solution. Undoubtedly, forums and websites have certain defined steps. But, when it comes to viability, they seem not-so-concrete.  The discrepancies are laid somewhere in the steps. I wanted the NRI solution regarding the birth proof. This want pushed me to keep exploring over and over on the web because my cousin was unable to apply for the study visa due to that error.

Finally, I got the solution. Here is what I got to know and subsequently, executed these steps to rectify incorrect date on the certificate of birth.

How to Rectify Incorrect Date in Your Birth Certificate:

I got this answer in a forum wherein lawyers participate in the online discussion. This fact gave me a push to believe in what they suggest. However, it was tough to pick up the most suitable answer that can help me. But, I tried and emerged a winner at the end.

  1. Visit Municipal Corporation: This is the first step that directs you to visit the Municipal Corporation office nearby your house. In my case, my cousin was a resident of the south Delhi. So, he visited the MCD or Municipal Corporation of Delhi for the date of birth certificate correction legally. It’s the authority that administers this matter, along with many other documentation matters associated with the civilians of that state/union territory.
  2. Apply for correction: The registrar/sub-registrar of the Municipal Corporation holds the responsibility to look into this matter. You should request for the application form to place the request of changing the date of birth. Fill it duly.
  3. Supporting Documents: Now, you should have to prove that your authentic birth date is some other. If you don’t have its documented proof, as it was with my cousin, don’t let the worry put your soul down. Enclose the existing birth certificate with the application form and an affidavit. Besides, attach these documents:
  • Driving Licence
  • Passport/PAN Card
  • Voter ID/Ration Card
  • Educational Certificate, like School Leaving Certificate
  • Consent Letter from the hospital where you were born

Note: These documents won’t be necessary to show up because those who are born before 1986 don’t require any proof, except the affidavit. Even, you don’t need to submit the hospital discharge certificate. The sworn-statement would be enough to support on.

  1. Bring an Affidavit: The affidavit is a sworn-document. Take a stamp paper, which costs INR 20 or may vary. Pen down all the changes in that stamp paper that you want to make in the birth proof. The composition of that affidavit should have the incorrect and the correct date in the form of an application. Input the name of your parents (mother and father) together with the address where you took birth.  
  2. Notarization: Get it authorized by the notary officer of the court. This is what we call the ‘notarization’. The notary officer signs the affidavit while verifying the requested changes.
  3. Verify with Municipal Corporation: Show the notarized affidavit to the Registrar or Sub-Registrar of the Municipal Corporation.
  4. Issuance: The rectified birth proof will be issued on the very date when you visit the Municipal Corporation. However, you will have to pay certain fee for this service.

This process is more or less similar to the application of the Non-Availability of the Birth certificate or NABC. It’s an alternative document of the birth certificate that is issued in case you don’t have any birth proof.

Bear in the head that this document is vital to apply for the passport and visa. Any mistake in it is considered the discrepancy, which can lead to the rejection of your visa. Even, you will have to present it for the CENOMAR or bachelorhood certificate.

Aadhaar Update_ Blue Card for Kids Under 5, No Biometrics (1)
Children Under 5 Years Get Blue Aadhaar Card in India

Children Under 5 Years Get Blue Aadhaar Card in India

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Are you willing to enroll your kid’s name for the Aadhaar Card?

Its processing won’t involve the steps of registration that the teenagers & youths follow. The competent authority Unique Identification Authority of India (UIDAI) published more than a couple of tweets in the month of February, 2018. All these tweets recite the updates regarding this card. These updates are basically meant for the tiny tots who are just five or below.

It’s a must to drill these updates in your head timely. You can get rid of glitches in the banking transactions, passport making and telecom services in the upcoming years.

What are the Aadhaar Updates for the kids below 5 years?

  1. Blue Card for Under 5 Kids:

The UIDAI has tweeted a fresh update on its official Twitter account. It has introduced a ‘Baal Aadhaar Card’ for a particular age group. The kids who are upto 5 years of age will be segregated under this age-group.

What’s the requirement?

So far, the UIDAI has announced to mandatorily provide the child’s birth certificate. If the parents have not yet registered their wards birth, they must get it done shortly. Otherwise, their children would definitely face off hitches in the future. If the parents have any plan to migrate or become an NRI, it would be a helpful tool.

To name the second requirement, the competent authority has directed to append the parent’s Aadhaar card number. Either mother or father can provide this detail to the authority. That will be valid to authenticate the Aadhaar application of their ward.

Cheers! The kids’ biometric details are not necessary. It defines that there is no need to scan the iris and finger prints of your ward.

  1. When to scan biometrics:

One more tweet reads the official twitter handle of the foretold authority. It cites that upto 5 years, no scanning of the iris and pupil will be required. But once the kids surpass that threshold of the 5 years of age, it’s a mandatory practice to come down to the nearby Aadhaar center for updating the card. The registry of biometric details fulfills this formality. The respective authority doesn’t charge a single penny for it.

  1. Mandatory to upgrade the biometrics at 15 years of age:

The authority has mandated to upgrade the biometric details at 15 years of age. The parents along with their ward must visit the nearby UIDAI office with the supporting documents. It determines that the children when reached the threshold of 15, they have to scan their finger prints and iris again.

These facilities would cost no arm and a leg. It would be absolutely free government service.

What are the steps to get blue coloured Baal Aadhaar card?

  1. Visit the UIDAI office. It must be located nearby your house.
  2. Take its enrollment form from the office.
  3. Fill it completely providing valid details of the kid’s birth and self’s Aadhaar number.
  4. Mention the mobile number to be registered with the blue card.
  5. Capture the picture of the kid. Except biometrics, the picture will be attached onto the form.
  6. Attach the supporting documents as aforementioned. The child’s school Id from any recognized educational institution can be attached to the enrollment form.
  7. Once all formalities will be fulfilled, you can get the acknowledgement slip from the office.
  8. This slip would enable you to catch on the Aadhaar status updates online.
  9. Subsequently, an SMS will be issued to notify the successful submission of the enrollment form. The message will flash on the registered number that would be registered in the form.
  10. These formalities would reach their termination at the delivery of this card. The entire process would take at least 60 days. Thereafter, you can collect it either by post or manually. If you find it feasible, collect it online using the number mentioned on the acknowledgement slip.

 

 

Passports
Class 1 Officer Attestation Not Must for Tatkal Passport

Class 1 Officer Attestation Not Must for Tatkal Passport

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Are you willing to get a passport?

You can apply for it for whatsoever reason. Before that, you must go through the recent amendment that the ruling government has introduced. It’s about the so called Tatkal Passport. It’s basically issued to meet the emergency need to fly across the border.

Do you know which colored passport you’re going to have? Does it sound absurd?

Let’s catch on a few facts about its classification in the next section.

How many types of passport are there?

The passport authority has classified the applicants under three categories. You can identify them with its jacket colour or cover. Firstly, let me introduce the three categories which are:

  • Government officers
  • Diplomats
  • Laymen

The government officers would be issued a white-colour passport. This colour is changed to red for the diplomats. The rest ones, like you and me, cover laymen who would be given a blue-colour passport.  The government executed this colour scheme for the passport jacket.

The MEA and the ministry of women and child development (WCD), earlier, decided to issue orange passport to the ones who have not yet passed 10 class exams. However, the recent amendment is called off since it drew a lot of flak. So for now, there would be no orange coloured passport issued to the needy of the emigration clearance check. Albeit, the last page, that reads the personal particulars of its holder, is printed in the same orange colour.

The police and immigration authority use these personal particulars to verify its bearer’s identity and nationality.

Who does come under Class 1 officer?

It is to drill into your head that the stamp from a Gazette officer or class 1 officer over supporting documents used to be essential. It was the tale of yesterday. Today, it’s changed. Now, you don’t need the attestation service of the class 1 officer.

The class 1 officers are the Gazette officers. They are the government servants who are designated at the level of deputy secretary or above in the state or center. The district collector, superintendent of police, assistant commissioner and tehsildars collectively define the category of the Gazette officer or Class 1 officers.

What the Ministry of External Affairs (MEA) has amended?

The recent amendment applies to the issuance of the Tatkal passport. Now, the seal of verification from the class 1 officers is no more a must to have for this passport service. It’s a gift of convenience to the laymen who’re going to be an NRI.

The government has assessed the dilemma of the laymen. It found that everyone has no reach to the class 1 officers. So, it was a Herculean task to get their documents attested from the Grade 1 government officers. The findings revealed that usage of the discretionary power is a norm. Only influential people enjoy this privilege.  Therefore, the government has abandoned that barrier. It’s the impact of higher level of trust in the common man.

Which documents are required to apply for tatkal passport?

The altered provision stated these documents to be attached in support of your passport application:

  • Aadhaar Card
  • PAN Card
  • Election Card

A year ago, the birth certificate or birth proof was a mandatory document to submit. Now, the aforementioned documents are required only.

How many days does it take to process?  

The Passport Seva Kendra (PSK) takes just two to three days for processing this kind of application. Most of the expats find it an outstanding NRI service to get it in a short fragment of time. But, it won’t be dispatched unless the paperwork is completed and submitted to the competent authority.

Eventually, the applicant receives it via postal service.

Birth Certificate
Applying for Passport This Christmas? Birth Certificate Not Required

Applying for Passport This Christmas? Birth Certificate Not Required

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The passport rule carved in 1980 states that the Indian born on or after 26/01/1989 had to have a birth certificate (BC) from the Municipal Corporation (MC).  This was the provision before July 2017. This rule of immigration was amended.

If you’re likely to apply for the Indian passport on this Christmas, you’d need a host of any of these documents:

  • Aadhaar Card or PAN card (if you’re born before 26/01.1989)
  • Transfer documents issued by school
  • School Leaving Certificate issued by school
  • Matriculation Certificate issued by the educational board

(These three documents contain the date of birth of the applicant. So, the passport authority accepts any of them as an alternative of the birth certificate)

  • LIC policy bonds
  • Driving Licence
  • Voter ID Card

Documents no longer required:

  • Divorce Decree (if you’re divorced)
  • Adoption Certificate (if you’re adopted)
  • Birth certificate (if you’re born before 1989)

Passport Authority Accepts BC Issued By MC:

It’s noteworthy that the passport authority requires birth proof. If you’re annexing the Municipal Corporation drawn birth proof, it would be acceptable. Otherwise, it rejects the same if issued from the hospital or any other authority.

If you’re an NRI (Non-resident of India), you would be equally eligible for getting Aadhaar Card as any other locale. As aforementioned, it would be acceptable. Therefore, you can take it as a good alternative document to apply for the passport from abroad.

If you’ve any suspicion over this amendment, go through the Aadhaar Act 2016. It goes that an NRI who lived here for the duration 182 days or a year immediately prior to the date of application, can apply for Aadhaar. Otherwise, they will not be eligible for this card. Then, such applicants have to apply for the birth certificate in India from MC.

The Aadhaar number is a unique identification code of 12-alphanumeric digits. The Unique Identification Authority of India (UIDAI) holds end to end responsibility of issuing the unique identification number. The applicant can apply either online or offline.

He/she needs to follow these steps to get it:

  1. Click and visit this website: uidai.gov.in
  2. Fill the form online.
  3. Download and save.
  4. Take its print out.
  5. Check the nearest enrolment center.
  6. Fix the date of appointment for the in-person visit.
  7. Visit the center along with these documents:
  • Resident proof
  • Birth certificate
  • PAN Card
  • Aadhaar Card Application form

You would be ready to scan your fingerprints and iris. The official at the UIDAI would ask for the biometric details. Once your application would be verified, the enrollment would be done. The official will deliver an acknowledgement slip. This slip would have scripted enrollment number. Subsequently, you can track its status online by inputting that enrollment number.

Unmarried Father’s Right
Unmarried Father’s Right- Name or Not on Child’s Birth Proof

Unmarried Father’s Right- Name or Not on Child’s Birth Proof

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The custody implies his/her guardianship. You can take it as the care-taking right of the child. It’s a very sensitive issue. The father and mother together foster their child. But sometimes, it doesn’t happen. The conflicts turn into litigation. And the parents fight to grab their child custody. After all, he is their heir-the descendent.

Such kind of legal battle rises due to divorce, legal separation, or complications in the child fostering (between the unwed couple).

What if the child is born to the unwed mother & father? Who would win his custody? Will it be his mother or father?

This blog will dispel all such confusions spotlighting legal rights of the child’s custody.

Let’s catch a glimpse of these:

  1. The mother holds the natural right of the child’s custody:

A mother conceives and gives birth to the child after a bone-chilling pain. Therefore, the legislation awards her the primary right to hold his/her custody. It is considered as her natural right to care, nurture and control him/her. It doesn’t matter whether or not she is married or unmarried mother.

The law clearly states that her right is above the right of the father over the child. But the father can challenge to claim over his custodial right on these conditions:

  • The mother is unfit/ physically incapable of fostering her child.
  • She has abandoned the child.

But if she has physical capability, she would automatically win.

  1. The father’s custodial right:

If the father is named on the birth certificate of his child, he will automatically be his/her primary custodian. Generally, he would be his/her biological father. He would be called as his/her legal father. Conversely, his suitability to have custody defines whether or not he would be able to take care of the child.

The father can’t attain primary physical custody right on one condition. If he is an unmarried father & claims to name on the child’s birth certificate. This right would be of the mother.

But he can claim for some custody or visitation rights.

Types of child’s custody:

The decision over the custody is the subject matter of the child’s best interest standard. So, it can be physical as well as legal.

Let’s go through both types of custodies:

  • Physical custody:

It determines with which parent the child is staying with mostly. It is awarded by verifying the physical fitness, potential and capability to nurture the kid.

But traditional right goes with the mother. She was awarded this kind of custody. But now, the amendments in legislation have changed the scenario. It can be of both parents’ as a split or joint custody.  Under this one, both parents share the equal custodial right. But the court verified if or not both parents qualify for it. Let’s say, if both fight with each other and go violent, this joint custody will never be awarded.

  • Legal custody:

It infers the parents’ ability of legal decision-making, like signing birth certificate, taking admission in the school, attending child counselling and so on.

Alteration in father’s custodial right:

The court can take back this child-rearing custody from the father. But there should have concrete reasons. The big circumstantial changes can lead to this kind of change. The circumstances can be job transfer or relocation or any other one. In such cases, the custodial right would be transferred.

In doing so, the approval of the court-judge is essential. The judge would take the best decision in the interest of the child.

The unmarried father gets deprived off signing his child’s birth certificate:

Recently, Mumbai and Kolkata courts have declaimed a significant decision. Under it, the unwed mother would have a legal right to get registered on the child’s birth certificate. The unmarried father’s name would be cut off from it.

All these decisions would be carried out under the law. She would file an affidavit of the child’s birth in the court. And the court would approve it thereafter.

Passport
How NRIs Can Get Passport without Birth Certificate

How NRIs Can Get Passport without Birth Certificate

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Passport is the key to take a flight to overseas. You would surely confront denial in case you lack birth certificate. The Indian law approves immigration to those who pocket this vital document. What if you don’t have it? What if you need to catch the flight for abroad and you find it missing? It would surely be crucial point to comprehend what the law states for NRI services.

Birth Proof is Essential Proof for Passport

Indian government has declared birth certificate a mandatory document for the passport applicants. Possibility has it that many of them may not have it. Some might have lost it to flames while a few might have misplaced it. All in all, what their story narrates that they don’t have essential certificate of their birth. Beneath is given the significant information regarding birth document. …

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