Nativity Certificate (NC) : For OCI Application

by | Sep 18, 2023 | Indian Law, Indian Law Weekly Round-Up, NRI Legal Services, OCI, PAN, Power of Attorney

A Nativity Certificate (NC) is an official document issued by the Government of India. The purpose of an NC is Proof of Indian origin for an applicant by way of an officially authenticated document establishing Indian origin linkage. It may serve as evidence of a person’s birth in India and is often required for various legal and administrative purposes.

In this article we provide a brief overview of the (NC) in relation to Overseas Citizenship of India (OCI) application process. Beginning with the correlation between the official document and its applicability for a Foreign Citizen in OCI.

OCI & Proof of Indian Origin : Eligibility & Evidence

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OCI Status

Firstly, whether an individual is eligible to obtain OCI depends on a number of requirements. The process to obtain OCI is by application and with the required evidentiary documentation set out by the Government of India. Furthermore, eligibility for OCI depends on an individual being able to prove their Indian Origin status through either;

  1. Parent,
  2. Grandparent,
  3. Great Grandparent and or,
  4. Spouse in some cases.

Subsequently, the success in your application will depend on documentation and proof of Indian Origin. This can make the OCI application process a complex affair for some. And, this is due to individuals not being able to meet the mandatory document requirements.

For example; you may not be able to provide evidence of your parents/grandparents/great-grandparents Indian passport copy. Yet still wish to obtain OCI. Therefore, what options would apply in such circumstances?

A prevalent challenge encountered by numerous Foreign Citizens of India. According to the provisions set by the Indian authorities, an NC may be applicable.

Nativity Certificate : Parent/GrandParent/Great Grandparent

Consequently, an NC may serve as a valid official document accepted by the High Commission of India (HCI) in situations where applicants do not possess other acceptable forms of evidence to establish their parents/grandparents/great grandparents Proof of Indian Origin. And, subsequent relationship to the applicant.

This however would only be applicable if an individual wishes to apply on the basis of their parent/grandparent/great grandparent. Providing that the parent/grandparent/great grandparent falls under one of the following;

  • Being eligible to become a citizen of India at the time of commencement of the Constitution i.e. 26.01.1950; or
  • Belonging to a territory that became part of India after 15th August, 1947.

A Nativity Certificate serves as an attestation of the fact that the designated individual, along with their respective family members, have resided within a specific state since the time of the individual’s birth. An NC along with other relevant documents to prove your relationship to your family member would also be required, such as the OCI applicant’s birth certificate establishing their link to their Indian origin.

Contents of an (NC)

Typically, the certificate contains vital information, such as;

  • The individual’s full name
  • Date of birth
  • Place of birth, and the names of their parents.

NC can only be applied for by an applicant, applicants either parent or grandparent were born or resided in India.

Authority : District Magistrate – District Collector

To obtain an NC, you will apply with the relevant authorities in India. Specifically;

  • District Magistrate – District Collector depending on the state.

You would follow the procedure set out by the relevant authority on their official website. Documentary requirements can vary.

Obtaining (NC) : Process Brief Overview

Obtaining an NC typically involves submitting an application to the relevant government office or municipality along with necessary supporting documents, such as;

  • Birth certificate, passport, school leaving certificates, 10th passing certificate, ration card, driving license, PAN, proof of ancestral property in India – immovable properties in the particular state or Aadhaar card etc. The requirements will vary state to state.

For Foreign Citizens substantial proof of their parents/grandparents is required. The process may vary from state to state, but generally requires the concerned individual to provide proof of their Indian citizenship or residency. You or a representative would require to liaise with the authorities in India.

State by State Variations

The requirements and procedures for obtaining a nativity certificate may undergo periodic revisions. It is, therefore, advisable to consult relevant authorities or seek legal counsel to ensure compliance with the most up-to-date guidelines.

What your Nativity Certificate Should Contain

Also, you must ensure once you apply to obtain an NC, it should contain the following information for it to be accepted;

  • Certified by the District Magistrate/District Collector of the area,
  • including their, name, stamp, seal and,
  • contact telephone numbers with the area code for verification.

Where an NC does contain all of these set requirements, the document may not be accepted by the concerned authority for your purpose.

Use of Nativity Certificate in OCI Application : Proof of Indian Origin

According to the requirements of an OCI application, a certified official NC can be provided as Proof of Indian Origin, along with other mandatory documents where an applicant cannot provide other forms of Proof of Indian Origin if applying on the basis of parent/grandparent/great grandparent. However, the process to obtain an NC will also require official process and subsequent supporting documentation for eligibility.

The process of obtaining a Nativity Certificate in India may vary from state to state. The procedure is contingent upon the submission of appropriate documentary evidence by the applicant. The acquisition of an NC necessitates compliance with prescribed formalities, which will differ based on a variety of factors. In some cases it can become a cumbersome process, again this depends on individual to individual circumstances.

Role of OCI in Indian Banking KYC : Recent Updates

In light of the recent due process conducted by Indian banks for Foreign Citizens holding NRO and NRE accounts, it may become necessary to provide updated information in accordance with existing KYC (Know Your Customer) requirements. One such requirement pertains to furnishing Proof of Indian Origin. Although this documentation has been an integral part of the KYC process, it is now becoming increasingly important for individuals to provide updated information on a periodic basis.

Likewise, in the case of Foreign Citizens holding Indian bank accounts, it is possible that you may be requested to provide evidence of your Indian origin if the bank does not already have records on file for you. This maybe achieved by supplying documents such as:

  • A copy of your OCI (Overseas Citizen of India) status
  • A copy of the Indian passport belonging to your Parent, Grandparent, or Great Grandparent
  • Any other form of proof that validates your Indian origin depending on bank regulations.

In case of opening a new bank account such as NRO, NRE it maybe a mandatory requirement at the outset.

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Our professional team remains dedicated to providing expert assistance to numerous individuals concerning their Indian matters. Feel free to contact our team on +44 208 757 5751 or use our contact form.

Frequently Asked Questions

If my birth certificate is post dated, for my OCI application, will this need to be attested by the issuing authority?

Yes as stated by the Consular services, post dated birth certificate will only be accepted if duly certified.

Will I have to provide additional documents to obtain a Nativity Certificate other than the ones specified?

Yes you may need to provide additional documentation to ascertain authenticity and eligibility of your requirement.

Do I need a PAN card to open an Indian bank account if I am a Foreign Citizen?

Yes, a PAN card is mandatory.

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