Regarding pension for the deceased.

PRASANJIT (Querist) 19 November 2014 This query is : Resolved
My father is a Central government mentally retarded ex-employee of central railway.
After my mother's death on 2nd November 2014 who was a pensioner in State Government; will my father get her pension who is her nominee for her pension.

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Isaac Gabriel (Expert) 19 November 2014
See the Pension Payment order on hand,where the details would have been furnished.Your father is the legal heir and get the family pension authorised in the PPO.

PRASANJIT (Querist) 19 November 2014
Thank you for your reply Sir.
But my father is mentally retarded and my brother want to take the legal guardianship for my father care.
Can you plz confirm the legal procedure for the same.
Can he and my father open joint account for the pension account ?

Dr J C Vashista (Expert) 20 November 2014
The status of party i.e., pensioner or his/her LR do not change with state of mind, it would remain as mentioned in the PPO.
Let your brother may seek guardianship from District Judge.

ajay sethi (Expert) 20 November 2014
for your brother to be appointed as guardian of your father court orders are necessary . you have to make application to court in this regard . court after being satisfied on basis of medical certifcates that your father is mentally retarded may appoint your brother as guardian

Rajendra K Goyal (Expert) 20 November 2014
Repeated query:

http://www.lawyersclubindia.com/experts/Guardian-certificate-for-father-mother-508126.asp#.VG17hfmUen0

For any further question keep with the same thread.

ABDUL RAZIQUE (Expert) 20 November 2014
nothing more to add after repeated query.

Guest (Expert) 20 November 2014
In your earlier query two days ago at the following link, you have not mentioned the state of mind of your father:
http://www.lawyersclubindia.com/experts/Guardian-certificate-for-father-mother-508126.asp

So, how he has now become mentally retarded?

However, for the purpose of family pension, only your father is eligible for that, not your brother. It is his internal arrangement, how he wants to dispose of the money of his family pension for the purpose of family needs.

However, if he is mentally retarded, your brother will have to prove that medically and only on satisfaction of the court guardianship certificate can be issued to him. Railway department has no authority to accept application of your brother.