What is the procedure for obtaining legal guardianship certificate?

Question

X, a government pensioner died leaving behind two major sons and one minor daughter. The wife of X had already died. The first son claims family pension due to his minor sister in his capacity as guardian on the support of Legal Heirship certificate issued by the Tahsildar. The next brother gives no objection for the above claim. The government department insists for a Legal guardianship certificate from the Court. Is it necessary? If so what is the procedure?

Answer 1

Father is the natural guardian of a minor and in his absence, mother is the natural guardian.

If both are not alive, only a competent court is empowered to appoint a " legal guardian" of a minor.

Therefore you have to contact an advocate who will do the needful and help you getting the legal guardianship from the court.

Answer 2

If the pension department requires guardianship certificate to disburse the pension then you will have to get it. File a petition before a court of law within your house limits ie in your territorial jurisdiction. This petition will be filed under Section 7 and Section 8 Guardians and Wards Act. The document issued by the Tahsildar; no objection from the other brother on a notarized affidavit; birth certificate of the minor girl are the only documents you will require. If there is no objection from anyone else (as the court may ask you to publish the matter in the newspaper, but will most probably be waived in this case), guardianship can be awarded by the court within a period of three months.

Answer 3

Certificate Of Guardianship

Answer 4

I must say some facts are lacking.

However you say you have already obtained a Legal heir Certificate from the local authority.
As per the provisions in case of death of a Government employee, the local authority is competent to issue a legal heir certificate to the legal heirs, which is sufficient to claim the terminal benefits and the pensionary benefits. There is no need for you to obtain another legal heir certificate from the court. The Civil courts jurisdiction is only for ordinary citizens who are not Government employees.

If the concerned authority is not releasing the pension or terminal benefits then you need to apply for a Writ before the High Court under Article 226 of the Constitution of India, seeking a direction to the concerned authority to release the benefits.

Answer 5

Your mother could just sign and get notarized a statement giving guardianship to the friend. With that, she should be able to do anything a parent would do for you. Your mother will still technically have custody of you. To completely sever custody, she would need to file in court, and there's no telling how long the process would be.

Answer 6

Go to the clerk of courts and ask for a legal Heirship hearing, or hire a lawyer

Answer 7

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You can only be his legal guardian if he is under the age of 18 or he's so incapcitated mentally or physically he requires a guardian, in which case it's unlikely you'll be allowed to bring him to the UK unless you prove you can fund his care

Answer 8

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RE :What is the procedure for obtaining legal guardianship certificate?
X, a government pensioner died leaving behind two major sons and one minor daughter. The wife of X had already died. The first son claims family pension due to his minor sister in his capacity as guardian on the support of Legal Heirship certificate issued by the Tahsildar. The next brother gives no objection for the above claim. The government department insists for a Legal guardianship certificate from the Court. Is it necessary? If so what is the procedure?
1 following 8 answers

Answer 9

whai is mean by guardian certificate