90,000+ Legal Questions Answered

Caste change Caste change

2 weeks ago

I am a 24-year-old from Tamil Nadu. Can I change my caste from my father's to my mother's? My parents had an inter-caste marriage. Additionally, could you please explain the process of this change and estimate how long it might take?

Abhimanyu Shandilya

Responded 1 week ago

View All Answers
A.Dear Client
What you are asking for is kind of not possible. The caste is what you associate yourself in the very beginning after your birth and if you have been publishing and declaring a caste since birth then changing to another will not be allowed unless you are able to prove that earlier one was mistakenly done. If you wish to change your caste then you have to show valid reason for the same and not just your wish or choice.
There is no authority to provide a caste certificate for except the SC/ST/OBC to seek the benefits of the reservation. So assuming that you (someone) wishes to have the caste certificate to get the reservation benefits then one has to apply to the local authorities like tehsildar/councilor/panchayat to get the caste certificate.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 week ago

View All Answers
A.Dear Client,
Caste is ascribed to the person at the time of birth and it is not possible to change it, as it forms an integral part of an individual's identity. Generally, a newborn child acquires the caste of his/her father. In exceptional circumstances, where the child was brought up in the community of the mother, it acquires the mother's caste. Likewise, in the case of inter-caste marriages, the caste of the child depends on the community and circumstances in which it was brought up. The Supreme Court, in this regard has ruled that the caste of the child would depend upon the circumstances in which it was brought up and is subject to the facts of the case. In February 2021, the Government of Tamil Nadu issued an order which provided that children born to parents of two different castes can obtain a community certificate mentioning the caste of either father or mother. However, the same has to be chosen by the parents at the time of the child's birth. So, in this case, once you have acquired your father's caste, it would be difficult to change it. Moreover, the rectification of caste would greatly depend on the reasons and circumstances leading to it. If required, you can contact the Tehsildar of your respective district or an advocate for further advice and assistance in the matter.
Hope it helps.
Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 week ago

View All Answers
A.Dear sir,
You have to get issue 60 day statutory notice Under section 80 of Civil Procedure Code against all concerned officers as per the advise of the your local advocate and then suit for declaration as stated by you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 week ago

View All Answers
A.Dear Client,
In India, caste is inherited from the father's family, not the mother. There is no provision for changing the Caste. But in certain circumstances - where the mother is divorced or widowed the child can get the caste of his/her mother. However, on such a conversion of your caste, you can't claim the reservation or other benefits admissible to the backward classes/castes which are admissible only if you are born in such a class/caste.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconCHit Fund
Dear Client, When a person issues a cheque against a promise or against any refund of money refundable by her or him and in the absence of any agreement, the cheque receiver holding the said cheque i...
question iconTerrace rights
Dear Client, The rooftops of the Building are also known as an open terrace and a part of the common area useable for all the floor owners of a multistoried building. Legally, a Landowner or Builder...
question iconDisciplinary process for officer rank employee and a management staff.
Dear Client, Holding a managerial position in the company, you have to pursue your grievance in respect of fairness or unfairness of disciplinary proceedings that ended up imposing harsh punishment be...
question iconRepairing require for 4 storage Building
Dear Sir, Every major repair to any building requires permission from local authority like KMC etc.
question iconDisciplinary process for management staff
Dear Sir, The charge officer to protect himself taking the signature of charge sheeted person on the order sheet, otherwise the charge sheeted person may question tomorrow that he does not know the co...