Upgrad LLM

family pension - guardianship for a mentally ill person


Respected Experts,


My father was in Government of Karnataka service. After his expiry, my mother received family-pension. As my elder brother is Paranoid Schizophrenic (a chronic mental disorder), he would NOT be able to earn any income (already aged 57). For such persons, family-pension is continued as per the law (govt agencies have confirmed this).


During initial queries with the Accountant General's office, I was informed that I need  a Guardian Certificate to be submitted to the government so that the guardian would receive the pension. The officials informed me that the Tehsildar of our permanent address are needs to issue the certificate. This is only to have a bank account for pension dispersal and not for any property related issues.


At the state secretariat, a senior officer at the rank of Under-Secretary (associated with pension section) also declared that a Tehsildar's certificate is sufficient



Now after getting the medical certificate authorized by a doctor (rank of District Surgeon after an assessment by mental health experts), I approached the revenue department. I submitted copies
of Aadhaar Card (both of us), a family-tree certificate and a medical certificate for his medical condition. The Revenue Department officials are refusing and declaring that only a Civil Court can issue the certificate!



Please clarify.



Regards,
Harsha


 
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Dy Director

Tehsil Officials are correct.


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Lawyer

File a petition for guardianship, engage a local lawyer


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Advocate

The Revenue officials/authority have no rights to issue guardianship certificate, only a court of law on being petitioned under the provisions of guardians and wards act, shall issue and appoint guardian on such cases. You may also have to declare your brother a mentally handicapped person by filing mental health petition.  Consult a local lawyer and proceed further.


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