Procedure to obtain for the legal guardianship certificate to claim PF

427 votes

To get a legal guardianship certificate, you will need to follow the below-mentioned steps:

1. Approach the appropriate court: You will need to approach the court that has jurisdiction over the minor's place of residence. In India, the court of the District Judge or the District Court is usually responsible for appointing legal guardians.

2. File a petition: You will need to file a petition before the appropriate court, seeking appointment as the legal guardian of the minor. The petition should clearly state the reasons for seeking guardianship and provide details about the minor's current situation.

3. Submit required documents: Along with the petition, you will need to submit certain documents to support your claim, such as:
   - An affidavit stating the reasons for seeking legal guardianship of the minor
   - Documentary evidence proving your relationship with the minor, such as a birth certificate or school certificate
   - Documentary evidence proving the minor's financial dependence on you, such as bank account statements, income tax returns, or any other relevant financial documents

4. Attend court hearing: The court will set a hearing date for your petition. You will need to attend the hearing and present your case before the court. The court may also order an investigation to verify the claims made in the petition.

5. Obtain legal guardianship certificate: If the court is satisfied that you are a suitable person to be appointed as the legal guardian of the minor, it will issue a legal guardianship certificate. This certificate will specify the powers and responsibilities of the legal guardian, including the management of the minor's financial affairs.

It's important to note that as per Indian law, a legal guardian needs to be appointed by the court to manage the financial affairs of a minor. Therefore, you will first need to obtain a legal guardianship certificate from the appropriate court, which will empower you to act as the legal guardian of your child and manage their financial affairs, including their PF account.

LawRato LawRato

584 votes

If the kids are your own you are the legal guardian you just produce the birth certificate of the kids if you are not the parent of the kids means you can contact a advocate and give the details which he is asking he will make the arrangement for the legal guardian ship certificate. Who is the real father or mother of the kids is the natural guardian there is no change

Advocate Poorna Vijaya Bhoopalan LawRato

871 votes

Hope you are talking about legal heirship certificate. If death occurred recently, you can apply to the Tahsildhar and get it. If there is time gap, you will have file suit before the Court of Law and seek proper remedy.

Advocate V. Jemmy Vasanth LawRato

717 votes

Hi,

Your query is confusing. Do you need guardian rights as well as legal heir certificate. Guardianship rights will be conferred through court. If you need legal heir certificate for minor kids. Contact nearby taluk office.

Advocate Rajaganapathy LawRato

863 votes

you should get guardianship from High court under the guardian and wards act . you should enclose all the other legal heir details and in what capacity you are claiming the kids for guardian ship. if you get the court guardian ship it runs up to 21 years of the kids.

Advocate Satish Kumar LawRato