Birh cerficate issue.... Urgent....

S

saradao

Registered Users (C)
Hi,

By birth certificate do not carry my name (But it has all other info though... my father, mother 's names etc...). Do I need to take non avaibility certificate? and related affidavits? I do have problem here as my birth certicate is issued, I may not receive non availability certificate. Does any one have this promlem? What is the way out?? Thanks in advance....
 
Saradao,
My wife has the same issue. Here's what I'm doing.
My spouse father has to get a District Magistrate Order asking for the inclusion of your name on your birth certificate. The order needs to be submitted to the respective Corporation, who will issue an ammended Birth Certificate. The entire process takes some time. Please carry your old certificate too.
My in-laws has consulted an advocate back in India and getting the things done - and fortunately enough my brother-in-law is the advocate, and this is what I gathered from him(my brother-in-law).
All the best!!!
Ranen
 
Thanks ranen,

I will try working in this direction..
 
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Saradao,
No problem. Forgot to mention, Corporation wants to see your original birth certificate. Also ask ur parents(either of them is good enough) to carry their identity while appearing for the petition to District Magistrate. I have send my wife's original birth certificate by DHL courier - it will take some 4 working days to reach all metros.
Also, the amended birth certificate will have recent date(date on which it will be issued) and that might create problem(INS refuse to accept such birth certificate for one of my friends applied for AOS), so, ur original one is needed as a supporting doc.
best wishes!!
Ranen
 
Originally posted by Ranen
Saradao,
No problem. Forgot to mention, Corporation wants to see your original birth certificate. Also ask ur parents(either of them is good enough) to carry their identity while appearing for the petition to District Magistrate. I have send my wife's original birth certificate by DHL courier - it will take some 4 working days to reach all metros.
Also, the amended birth certificate will have recent date(date on which it will be issued) and that might create problem(INS refuse to accept such birth certificate for one of my friends applied for AOS), so, ur original one is needed as a supporting doc.
best wishes!!
Ranen
Click to expand...

Thanks Renen,

My birth certificate is issued recently and issue date on it is just 2 month ago. Will this be a problem at all?? Also district Magistrate most often will be Collector of that district. Do we need to file a pitition first? If that is the case, will they call us to appear before them?? Can you please explain in detail the processes involved in getting Magistrate order to corresponsing corporation(As much you know...). This will defintly help me now, as not much is left for me before my interview....
 
Moulin / BRB can add more on this....

Hello Saradao/Ranen,

iam not sure about "amending the birth certificate".

But iam sure about this atleast for myself.

myself & my wife's BC didn't have our names when the certificate was issued. We had a 'affidavit' generated by both our parents. 20Rupees indian bond.... (indian tradition of not deciding the name till there is a function-held for the same, Means, there is no way to include the newborn' s name in the birth certificate)

As per this "US Gov website" http://travel.state.gov/reciprocity/Country Folder/I/India.htm

It clearly mentions that,
------
In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.

----
 
Yeah, affidavit will certainly do. In fact my attorney over here saw the secondary certificate of my wife (it has her father's name and date of birth) and say this will do. But since Saradao is a primary deponent, he should have at least affidavit or an amended birth certificate. In either case, he needs a letter from corporation that either his certificate is destroyed or is amended.....
 
Same as you

Hi Saradao,
I had the same problem like u had, no name in my original birthcertificate. But we went to the City Municapal (corporation office) and told that we want to fill the name in the birth certificate. They did issue a new certificate will all the details

thanks
 
Very good info...

Thanks a lot Local madras,

Very good info indeed. My last resort is going to be your suggestion. My case is similar to that of Ranen, municipal authorities did denied to issue revised birth certificate....
 
Saradao,
I didn't see ur following correspondence

"My birth certificate is issued recently and issue date on it is just 2 month ago. Will this be a problem at all?? Also district Magistrate most often will be Collector of that district. Do we need to file a pitition first? If that is the case, will they call us to appear before them?? Can you please explain in detail the processes involved in getting Magistrate order to corresponsing corporation(As much you know...). This will defintly help me now, as not much is left for me before my interview...."

Regarding the recent issue date - All I know is, one of my friends applied for AOS with a birth certificate having recent issue date and INS didn't accept that. They mentioned BC should be issued within 2 yrs of birth.To be safer side, you may go for affidvait of ur birth with a letter from Corporation saying, the records are destroyed etc...

I precisely don't know the position of collector and DM in the hierarchy. Fact is that my father in law is going to appear in person for the petition - the lawyer, knows how to put the petition etc.. The petition will be handed over on the same day and then u need to contact ur Corporation with the petition to get the ammended BC - and u know, this stage(getting the amended BC) might take some time.

Had I been at ur position(considering ur BC is issued recently), I would have gone for Affidavit and a letter from Corporation.My wife has original BC, so my case is little different.
By the way, I didn't have BC and got Affidavit & letter from Corporation last year - it took just 5 working days.

Best wishes !!!
Ranen

I feel affidavit and
 
I also have the same problem with my BirthCertificates.....

But I was told that if your name does not appear on the Birth Certificate, then affidavits from your parents would be fine along with SSC certificate with your date of birth.....

Did things change from this?

thanks
-Ravi
 
here's my take ...

If your name does not appear on the Birth Certificate, then affidavits from your parents or other close elder relatives are definitely needed ..... take at atleast 2 affidavits .... also take ur 10th Class certificate with your date of birth ... if u have indian driver's license, voter's ID or any other Indian Government issued Id with ur DOB ... take that too

U guys should be fine then ....
 
Birth certificate issues -

Here is what I got information from this site and my experience at interview -

Case 1- If you don't have birth certificates at all
In this case you need affidavite from the parents/close relative(old enough, your parents age) and the non-availability certificate from mumcipal corporation stating that no birth is recorded. You got to get NAC no matter what otherwise you will be gone. For my wife, corporation refused to issue such certificate, but American consular was good enough to waive the neccessity of doc and fill up the waiver form as I showed her 10th std board certificate. But I was on oxygen for 4 hrs

Case 2 - If you have BC and no name on it
You have to get affidavite from your parents or you can go to corporation and update your records. Your 10th leaving certificate/board certificate will add value. This was the case for me. I got affidavite from parents, 10 leaving certificate and got noterized by advocate in India, submitted to 'Tahsildar' and then to Birth-Death registration department. Took time/money but got new birth certificate having my and parents name. This is acceptable for CP. You can tell the reason that your name was not on BC.

I think most of you fall into above 2 categories. In short you need affidavite from your parents or elderly relative on Rs 20 stamp, board certificate or school leaving certificate, if you have any probelm with BC or totally new BC from corporation(even though it is recently issued) will work fine.

Any questions/comments?????
 
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affidavit from some relative elder than you is fine

When I went for my CP, I had a birth certificate from the then Madras corporation, which did not contain my name. But it had my parents names. I got two affidavits, from mother and uncle testifying that the child born on xx date at xx, as specified on Madras corporation certificate was named xx. A sample copy of an affidavit is available at:
http://www.immihelp.com/gc/aos/birth_affidavit.html

I did my CP at Sydney and the lady who collected my information told me that my birth certificate was not acceptable. I told her to write that my name is not there due to "religious requirements" and let the consular officer decide. During interview, the consular officer did not even bring it up. Additionally, the foreign affairs manual has specific guidance for accepting affidavits in the absence of name on the birth certificate. If no birth certificate was ever issued then the corporation will have to give a certificate testifying that the birth was not registered. It can be difficult getting the same, but you have "helpers" are around most corporation offices in India, so it should not be a problem.
Good luck
brb
 
Re: Birth certificate issues -

Thanks SVJ,

Can we have format of affidavits(The case of BC available and no name in it). Are they same as one for non availability of BC?
Originally posted by svj
Here is what I got information from this site and my experience at interview -

Case 1- If you don't have birth certificates at all
In this case you need affidavite from the parents/close relative(old enough, your parents age) and the non-availability certificate from mumcipal corporation stating that no birth is recorded. You got to get NAC no matter what otherwise you will be gone. For my wife, corporation refused to issue such certificate, but American consular was good enough to waive the neccessity of doc and fill up the waiver form as I showed her 10th std board certificate. But I was on oxygen for 4 hrs

Case 2 - If you have BC and no name on it
You have to get affidavite from your parents or you can go to corporation and update your records. Your 10th leaving certificate/board certificate will add value. This was the case for me. I got affidavite from parents, 10 leaving certificate and got noterized by advocate in India, submitted to 'Tahsildar' and then to Birth-Death registration department. Took time/money but got new birth certificate having my and parents name. This is acceptable for CP. You can tell the reason that your name was not on BC.

I think most of you fall into above 2 categories. In short you need affidavite from your parents or elderly relative on Rs 20 stamp, board certificate or school leaving certificate, if you have any probelm with BC or totally new BC from corporation(even though it is recently issued) will work fine.

Any questions/comments?????
Click to expand...
 
Re: thanks brb/SVJ & im9999

Yes.. This forum is of immense help... with ignorent, pretending busy attornies around(Apologies to exceptionlly good ones)....

Originally posted by localmadras
brb/SVJ & im9999

-- thank you folks,

Saradao, hope you got most of your answers.
Click to expand...
 
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