A central government gazette officer expired while still in service. He was survived by his second wife and a daughter from the second wife and two sons from his first deceased wife. His father and mother are still living. Father draws pension the monetary limit of which is above the dependent category. As per the rules, second wife is eligible to fifty percent of family pension and the balance fifty percent is required to be paid to the two surviving sons of the deceased first wife. The elder son being a major can be paid his share of the family pension but the younger son being minor cannot be paid his share unless a guardian’s name is intimated. Since second wife and the elder son will be drawing their respective shares of family pension, they cannot be regarded as guardian. Since father of the deceased is not a dependent of the deceased central government officer, he also cannot be a guardian. This leaves the mother of the deceased central government officer, eligible to be a guardian of the minor son from the deceased first wife. If she is required to be appointed as a guardian for a period of two years, will her affidavit and accepted/signed by father, second wife and major son, before a notary suffice or is it mandatory to obtain appointment of legal guardian through the Court of law. If it is a Court of Law, which Hon’ble Judge is competent to issue such orders/decree? What would be the probable time required to obtain such order/decree from the time of filing application?
