Published By The Daily Star on January 05, 2013 (Link Above)
This week Your Advocate is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the chambers of a renowned law firm, namely, ‘Legal Counsel’, which has expertise mainly in commercial law, corporate law, family law, employment and labor law, land law, banking law, constitutional law, criminal law, IPR and in conducting litigations before courts of different hierarchies. Our civil and criminal law experts from reputed law chambers will provide the legal summary advice.
I am indeed in want of help from an expert about a financial family matters. My Grandfather (Paternal) was a food inspector and he died on 29th November, 1998. I have three uncles and two aunts in my paternal side (including my father they are six siblings). My father is second among them. Since my grandfather’s death my grandmother is getting the family pension as she is the nominee in this case. My father is mentally disordered since 1990 and he is the only disordered children of my paternal grandparents. I am a student of Dhaka University and I have heard from a BCS government officer that my father is an eligible candidate for family pension if my grandmother dies and my father survives. He also mentioned that it is clearly stated in Bangladesh Service Rule; as to confirm his information I have gone through BSR but I didn’t make myself enough comprehendible in this regard. My father was not selected by my grandfather as a nominee but my grandmother wants to give the nomination to my father in her absence if there is any provision. Furthermore, if my father becomes a nominee by my grandmother then what would be the legal process to make the case happen? Moreover, if he gets the pension then does he not get equal proportions to other properties of my paternal grandparents?
I would like to thank you very much for your queries. From your queries it appears that you are desirous to know about matters related to pension and inheritance of property. As far as your father’s eligibility to become a nominee of the family pension is concerned, the concerned branch of the Finance Division under the Ministry of Finance issued an Order dated 27.01.2009 making the provision regarding allocation and payment of pension to civilian Government employees easier. Article 3.04 of the concerned Order entitles a disable (i.e. Protibondhi) child of an employee to enjoy family pension for lifetime but not as nominee. This is significant as disable children have been rendered eligible to the enjoyment of such benefit when an able child is not entitled to the same. However, the Article also provides that in order to be entitled to such enjoyment the Child has to qualify as a disable in the manner defined under Section 3(1) of the Bangladesh Protibondhi Kollyan Ain 2001. As you have not mentioned the type of mental disorder your father has been suffering from, it may be assumed that he is entitled to the enjoyment of family pension having qualified as a disable under the 2001 Act.
As far as the procedure is concerned, Section 13 (b) of the 2001 Act also require to provide a copy of Identity Card supporting registration in favor of such disable person when applying for pension. In practice, such certificate is issued by the Social Welfare Officer. Your Grandfather should have provided list of his successors with certification confirming such succession and also in support of disability at the initial stage of allocation of pension. Subsequently, having been the nominee your Grandmother is also supposed to provide the same in the prescribed form and manner. In case, none or any such certification in support of succession and/or disability have not been provided earlier, your Grandmother should provide copy of the Certificate(s) along with an application to the pension providing authority for procedural compliance.
Considering entitlement to proportion of your Grandparent’s property, it is governed by the Muslim law of inheritance. The Muslim Law does not exclude someone of unsound mind from inheriting property. As such, your father should also be entitled to his share. Please note that as far as the distribution of your Grandfather’s property is concerned, his successors are already co owning his property following his death as the right to own such properties is automatically triggered with the death of your Grandfather. As your Grandmother is still alive, she is also entitled to a particular share of your Grandfather’s property and upon the death of your Grandmother; her share to your Grandfather’s property will be distributed among her successors.
I hope you will have answer to your queries from the aforesaid opinion.
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