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Aftab4u (PVT EMPLOYEE)     23 November 2010

Mentally Unsound -No Bank Account

 

Dear Experts,

A query related to mentally retarded person and ur advice will be great help for us.

My mother expired in services she was a state govt employee, after she expired my sister who is a metally retarded was eligible for family pension and the concerned Govt office asked me to get the Guardianship certificate from the court of law that iam the Guardian and next friend of my sister which i have got from the Hon'ble court of Law and produced in the concerned office. Now they are asking me to open the Bank Account of my sister who is a mentally retarded so that they can release the family pension.

But when i approaced the Chief Manager of some nationalsed Banks they informed me the below things .

1.The Bank Account cannot be opened for the person who is mentally unsound / Mentally Retarded

2.When the person is uncapable of handling her self how can she operate the transaction of the Bank.

3.Bank Authorites informed me that there is RBI instructions that the Bank Account cannot be opened for the Mentally retarded persons even though it is for Family Pension etc.,

The same things i informed to the Concerned Govt Office they told me that :

1.Until there is Bank Account on her name they will not release the Family pension its almost a Year till now.

2.Guardianship is only the process that iam responsible to take care of her property but for family pension the Bank Account is must.

even though when the Hon'ble court has appointed me as a Guardian why the BANKS / Concerned Govt Officials not responding for that Pls help me out what are the steps i can take to get the family pension of my sister.

Thanks in Advance

AFTAB



Learning

 3 Replies


(Guest)

Are you got guardian ship  order from district court under mental health act (lunatic op)?

Aftab4u (PVT EMPLOYEE)     23 November 2010

yes sir, i got the Guardianship certificate from Hon'ble court through Dist Addl.Judge.


(Guest)

There is a column in every bank opening forum  that  SIGN WITH ACCOUNT OPERATOR

You have to produce the original certificate of G.O.P (.L.O.P) with necessary proofs of resident and identity of the lunatic person and you.

If possible produce the lunatic person in person (if not furious) with the manager.  You have to sign  on behalf of the lunatic as per court order and in the name of the lunatic.  For which you have give every six month statement of accounts to the District Court.

If there any problem persists issue notice to the bank and file contempt petition to open the account.  Also approach different banks. report to the regional office of concerned bank to get speedy remedy.

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