LEGAL GUARDIAN CERTIFICATE


where can i obtain legal guardianship certificate to claim the pension of my son who demised 1 year ago and my daughter in law demised 6 months ago i am grandmother of two kids of my son
i need to claim pension on behalf of two minor kids (my grand children)

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FIN

Probably the pension rules of establishment lay down requirement of Legal Guardianship Certificate, and in concurrence with rules the designated authority has asked for Legal Guardianship Certificate.

Or the authority wants to avoid payment falling into wrong hands and going to correct natural/legal guardian….and avoid litigation etc ..

The authority might have clarified that the Legal Guardianship Certificate is to be obtained from whom, as per rules; magistrate/SDM/(competent) court of law…

Even the forms issued by establishment are descripttive.

 

e.g;


 

 
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FIN

Generically speaking; The establishment may ask for certificate issued by 1st Class magistrate/SDM/competent court of law e.g; Distt. Courts..

Pls check with the establishment/authority and also at your location.

Hope you already have the Death certificates and legal heirs certificate of deceased father (your son) , mother, birth certificates of minors, …and other relatives shall issue the NOC if the need be for the purpose of said certificate..

If you are Hindu; then Mother is ClassI legal heir of son and Legal Representative/heir certificate issued for son should include your name and thus establishing relation with minor children(s) also..

In the meantime you may Go thru;

Guardians and Wards Act; 8,9, 10

For clarifications, in case of difficulties, and to get certificate from court, approach in person members of the family, competent and experienced well wishers, seasoned PIP,  your community leaders , a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/guardianship/Civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and share inputs /show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL civil courts, HC, SC……

 
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Actually the department ( police department) people itself asking me whether the grandmother shld take guardianship certificate from magistrate or District commissioner
 
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FIN

Ask them to clarify from their legal cell..

Or downlaod the rules and clarify yourself.

 
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Which authority gives the rules of this??
 
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FIN

Check with LOCAL O/o CP and DGP..

 
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Sure.... Thank u sir
 
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