To get guardian ship of my brother's kid?

Question

my younger bro and his wife have suicided. they were residing at nearby state. They have a kid , she is staying in a school hostel. by recently, i got da information about she. Due to family problems nobody acknowledged me about the kid. NOW i went to the school and requested to release the kid and i assure to produce any documents they need. actually, am the only person as her guardian in this world. But they are asking to get them some documents to proove the relation to my bro. in, indian states, what are the ways to get these type of documents and how??? please help me

Answer 1

You happen to be a Hindu by religion in India; you can adopt this child under the provisions of The Hindu Adoptions and Maintenance Act, 1956. Section 9(4) of this Act provides Where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is not known, the guardian of the child may give the child in adoption with the previous permission of the court to any person including the guardian himself.
Section9(5) further provides Before granting permission to a guardian under sub-section (4), the court shall be satisfied that the adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child having regard to the age and understanding of the child and that the applicant for permission has not received or agreed to receive and that no person has made or given or agreed to make or give to the applicant any payment or reward in consideration of the adoption except such as the court may sanction.
Once you get this child adoption orders you can use the order of the court for all legal & otherwise transactions with regard to this child as her legal guardian. In case you are married then for this process the permission of your wife will be required & hence you both have to apply jointly for the adoption of this child. Till this process is pending in the court, you should get the death certificate of both your brother & sister in law, School leaving certificate of your brother, his passport, his ration card, voter’s ID card etc wherein name of the father will be same as in your such documents, this you can show to the school authorities a proof that he was your brother as the name of father in all such documents will be same for both of you. Hope this will solve you present problem.

Answer 2

Whether you are dealing with a tribal court system or a state court system, you may be able to get legal advice or other assistance from a local non-profit organization.

I have listed a website that offers links for every state to legal information and organizations offering free and low-cost legal assistance. Many organizations that offer legal assistance can also provide referrals to other resources and groups that may be able to assist you.

Answer 3

dont worry you will get the custody of your niece. you will only need to satisfy boarding school authority that you are really her uncle. which should not be any problem i guess. if you will think a little bit you will come up with a thousand proof. you are only trying to prove the truth not the reverse. also involve your parents if they are alive or some near relatives

Answer 4

Start with the probate court in the county they lived in; they may have some suggestions as to how surviving family takes guardianship.

Answer 5

Get a lawyer, or go to the courts for help. Not sure what your legal system is like there, but doing it legally is the only way to go.

Answer 6

I don't know, I'm in the US but best of luck to you.