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Affidavits May Not Be Submitted In Lieu Of Certificates Of Unavailability

I have a non availability birth certificate (Punjab, Ludhiana), but the German embassy wants a birth certificate. Where do I have to apply for a birth certificate?

You can get your birth registered late even now. It is a process which will take about a month. You will have to apply for your birth record from suvidha centres catering to your maternal as well as paternal place. In case your birth wasn't registered at any of these, there is a procedure. You will have to get a file prepared about your birth details and get it attested from sarpanch and nam reader if you are from a village orMC if you are from a city and give it at the suvidha centre along with the communication you will receive from the suvidha centres at your parental and maternal place. An agent near your local suvidha centre can type out the details. This file will be dealt by SDM and civil surgeon and they will direct the civil hospital catering to your area to register your birth  and you will get it. I hope this helps.

How do I get a birth certificate in India if it was not registered when I was born?

PROCEDURE OF DELAYED BIRTH REGISTRATIONSTEP 1-Apply for non availability certificate of birthwhere to contact - office of birth and death registrarDocuments needed - DOB proofSTEP 2-Apply for delayed birth registration order (from DM/SDM or any other first class magistrate)Where to contact- office of DM/SDM or courtDocuments needed- 1-BIRTH REPORT, 2-NON AVAILABILITY CERTIFICATE, 3-AFFIDAVIT/SELF DECLARATION OF PARENTS, 4-AFFIDAVIT OF WITNESSES, 5-DOB PROOF, 6-ID/ADDRESS PROOFSTEP 3-Apply for birth registrationWhere to contact - office of birth and death registrardocuments needed - 1-DELAYED BIRTH REGISTRATION ORDER, 2-DOB PROOF, 3- ID/ADDRESS PROOF, 4-BIRTH REPORTSTEP 4-After successful registration collect birth certificate from office of birth and death registrar or download from Civil Registration System[non-availability certificate→ delayed birth registrartion order → birth registration →birth certificate]For fee and other information see RBD RULES

Is marriage certificate required for visa?

The requirement of the marriage certificate for the issue of a visa depends on what type of visa you are seeking.Generally the marriage certificate should be shown as it helps the visa officer to conclude that the applicant is a married person .If it is a visitor visa and both husband and wife are seeking visa iofficer as certain that you both are married.If wife is not going with you then it helps him to come to the conclusion that you will not stick to their country and that you will return back to your home country as you have bonds here to cause you to return back.The above is also concluded by the official when are applying for a job visa.As per the Emigration Act, 1983, Emigration Check Required (ECR) categories of Indian passport holders, require to obtain "Emigration Clearance" from the office of Protector of Emigrants (POE), Ministry of Overseas Indian Affairs for going to following 18 countries.United Arab Emirates (UAE), The Kingdom of Saudi Arabia (KSA), Qatar, Oman, Kuwait, Bahrain, Malaysia, Libya, Jordan, Yemen, Sudan, Brunei, Afghanistan, Indonesia, Syria, Lebanon, Thailand, Iraq (emigration banned).However , the Ministry of Overseas Indian Affairs (Emigration Policy Division) have allowed ECR passport holders traveling abroad for purposes others than employment to leave the country on production of valid passport, valid visa and return ticket at the immigration counters at international airports in India w.e.f. 1st October 2007.If the RPO has issued Indian passport either with endorsement of “Emigration Check Required” or no endorsement of “Emigration Check Required” in the passport, POE clearance is required only when there is “Emigration Check Required” endorsement in the passport.Disclaimer : above is not a legal advice to constitute a client attorney relationship between us.

What can I do if I have no birth certificate for a passport?

If you were born before 26 January 1989, you can submit the following documents in lieu of a birth certificate. If not, a birth certificate is mandatory to apply for a passport. School leaving certificate / Secondary School leaving certificate/ Certificate of Recognized Boards from the school last attended by the applicant or any other recognized educational institutionAffidavit sworn before a Magistrate/Notary stating date/place of birth as per the specimen in Annexure 'A' by illiterate or semi-illiterate applicants (Less than 5th class).

My DOB is different in my class 10th certificate than my birth certificate and passport. I want to go for higher education in the US or Canada and apply for immigration after few years. Will this discrepancy in my DOB cause any issue for me?

This in my opinion is a great legal problem which you shall face life long as birth certificates are required through out in all fields of life.There is a procedure in getting the birth date rectified in your 10th certificate by requesting for the same on pruduction of the original .As regards the passport in my opinion you shall have to obtain a direction from the court directing the passport Authorities to rectify the date of birth in your passport.If Education board shows its inability then the best is to file a case against the Board and The passport Authorities and obtain above order of rectification for both of them. This can be done in one suit. Not lengthy process as both of them have no vested interests to contest your suit and the court should issue the direction as the truth lies on your birth certificate.In my opinion it is better to spend some time in this process rather than suffering awkward positions through out your life .Birth certificates are mandatory requirement for settling abroad or you may not be granted permission to do so if the said countries law does not provide any other procedure in place of your Birth Certificate of which I am not aware.In some cases where the date of birth is very old ie. Before the enactment of compulsory registration of Births and Deaths Act , a duly sworn affidavit of two persons about 10 years older than you, who were present at the time of your birth and can swear that they were present at the time when you were born. Being of 10 years or so elder to you they were then of an age that they could remember the exact date of your birth. The said sworn statement of such persons are mostly acceptable.I am not aware of your age as such a moderate answer is given.Recently a client approached me and disclosed that his relative in U.S. Who was born in 1931 was being asked to furnish his birth certificate in order to enable him to get medical treatment there.Now imagine his plight and think.I advise that the legal process of rectification should be followed. Time spent shall prove invaluable through out your life.Please up vote my answer so that I may know that you have found my advise of use and I have not wasted my time on it.

Can I get my passport made without giving a birth certificate? I was born in our home and the municipal committee never put me in the records.

You can get your passport easily , last year December 2016 Ministry of Foreign Affairs launched a revised set of documents while applying for a fresh passport. You can submit any of the following documents as a proof of you date of birth ( normal passport of adult citizen)1.Birth Certificate issued by the Registrar of Births and Deaths or the Municipal Corporation or any other prescribed authority,whosoever has been empowered under the Registration of Birth and Deaths Act, 1969 to register the birth of a child born in India2.Transfer/School leaving/Matriculation Certificate issued by the school last attended/recognised educational board3.Policy Bond issued by the Public Life Insurance Corporations/Companies having the DOB of the holder of the insurance policy4.Copy of an extract of the service record of the applicant (only in respect of Government servants) or the Pay Pension Order (in respect of retired Government Servants), duly attested/certified by the officer/in-charge of the Administration of the concerned Ministry/Department of the applicant5.Aadhaar Card/E-Aadhaar6.Election Photo Identity Card (EPIC) issued by the Election Commission of India7.PAN Card issued by the Income Tax Department8.Driving License issued by the Transport department of concerned state Government9.A declaration given by the Head of the Orphanage/Child Care Home on their official letter head of the organization confirming the DOB of the applicantStay updated at passport india website !!Passport Seva, Ministry of External Affairs, Government of IndiaGood LuckIn comming time ADHAR will be an equivalent document for any other proof aswell

How do I get a court order for a birth certificate?

I suppose it would depend on what your relationship is to the person on the certificate and/or why you want a copy.Is it your own certificate? Then there's generally no need for a court order. You simply fill out the paperwork to request a duplicate from the state in which you were born. It would be best to call the office of vital records in said state and they'll give you all the information you need to obtain a copy.Are you listed on the certificate as a parent? I believe you would also have little trouble obtaining a copy through the same avenue as mentioned above.If it is not your own birth certificate and you are not listed as a parent on the certificate then whether or not you could obtain a copy - much less get a court order for a copy - would depend on why you are requesting the certificate. Most cities have a free legal aid office that can direct you to the proper paperwork to begin the process of requesting an order from the court. Unless you have a good reason and legal justification for needing a copy, my guess is you'll have a difficult time finding a judge who'll grant your request.

Is marriage certificate is required for fresh passport application for man in India?

A marriage certificate is a mandatory requirement for adding the name of your spouse added in your fresh passport.When the spouse name is included in your passport it shows that do and so is your legally wedded partner.In future this paves many ways to go ahead when abroad and when you wish to travel abroad or seek visas for going abroad.If you are married and re name of your spouse is not mentioned in your passport then the embassies of foreign countries imply and presume that you are intentionally with holding vital information by not disclosing your status as married.Thereafter the same help when your children's passports show your names on their passports and all passports go in consonance and concur with each other to prove the family name and cluster and identity.For achieving this it is a must to have a marriage certificate to get the name of the spouse mentioned in your passport and to establish your status of a married one.

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