Your Advocate
This week your Advocate is Barrister Tasnuva Shelley, Advocate, Supreme Court of Bangladesh. Ms. Shelley is a Senior Associate of a renowned law firm established by the Late Mr. Syed Ishtiaq Ahmed, namely, 'Syed Ishtiaq Ahmed & Associates”, which offers full range of legal advice and assistance to business clients in all sectors of industries, both domestic and international. The partners and associates of the firm are highly experienced in litigation and have a sizeable legal practice having expertise mainly in commercial law, corporate law, admiralty, employment and labor law, land law, banking law, constitutional law, telecom law, energy law, Alternative Dispute Resolution, Intellectual Property Rights and in conducting litigations before courts of different hierarchies.
Query
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?
Anonymous
Response
Thank you for your query. Let me take this opportunity to inform you that there are various laws, policies, regulations and circulars related to pension benefits and the Pensions Act, 1871, the Public Servants (Retirement) Act, 1974, the Public Servants (Retirement) Rules, 1975, Pension Shahajikaran Nitimala, 2001,Bangladesh Service Rules (Part I&II), Bangladesh Employees' Benevolence Board Act, 2004, the Provident Fund Act, 1925, General Provident Fund Rules, 1979; Contributory Provident Fund Rules, 1979 are only a few to name on public pension. From your statements, you have quite a few concerns and I would answer them sequentially and try to provide a coherent and comprehensive response.
Firstly, it is my understanding that you would like to know whether a nominee of a family pension, being your paternal grandmother can nominate your father to receive the family pension in her absence. This could have after her death or while she is alive and my response with regard to both is affirmative. Provided that your paternal grandmother did not remarry, being the widowed wife of public employee being the Health inspector, she is entitled to full family pension for her whole life. Your paternal grandmother may at any time nominate one or more members of her family (you mentioned 6 siblings) as successor for the whole or part of her family pension.
Secondly, you would like to know the legal process that your paternal grandmother should follow inorder to do the above. Generally, a Power of Attorney (POA) is the legal document that gives the authority to act for another person in legal or financial matters and this legal document should have sufficient stamp duty paid and notarized by an appointed notary office for authenticating the POA.
Your third concern as to whether your father will get equal proportions in all other property of your paternal grandparents involves the law of inheritance which is a separate issue. Your father as a legal heir shall get his portion in all other properties as per the law of inheritance. A succession certificate has always been an important document when family properties are inherited by the deceased's heirs.
Lastly, I would like to clarify that if your father's condition falls within the definition of “disability” under the Bangladesh Persons with Disability Welfare Act-2001, your father's current condition shall not have any adverse effect in any of his valid claims. However, there must be an appointed legal guardian to decide all matters on behalf of him. The local District's Disability Welfare Executive Committee shall register and provide your father with an ID which should be obtained (if not already) when the legal guardian of your father would be dealing/signing on his behalf (if not done already).
Also note that the loopholes in rules and regulations that govern pension often create scopes of rent-seeking, harassment that induce corruption therefore, proceed with extra caution when approaching government offices/personnel. I hope I have been able to give you some relief and advice you to take professional assistance while actually executing any legal document.
For detailed query contact: tasnuva.shelley@gmail.com
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