• Economically weaker section certificate

Hi sir/madam
My father is govt employee having salary more than 8 lakhs... I am major around 30 not living with father and village property divided between us. Myself depends on my own salary which is around 2.5 lakhs.I want to give exams with EWS category and so Most law related friends suggested 2 methods:
1 to have partition suit done with my father 
2 my father should disown me through paper publication and affidavit for the same. 
Suggest me best way or should I go with both methods for getting ews certificate.
Asked 5 years ago in Civil Law

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8 Answers

You are not eligible for EWS certificate even if staying separate from father as family income is more than Rs 8 lakhs per annum 

 

partiiton suit and disowning by father would not serve any purpose 

 

2) 

  • Persons who are not covered under the reservation scheme for SC, ST and OBC category and the gross income of their family is less than 8 Lakh per annum. (Here family income includes earning from all sources such as agriculture, salary, profession, business etc.)   
  • Persons whose families have possession of following assets (irrespective of family income) will be not categorized under EWS category-

    • 5 acres of agricultural land & above,
    • Residential plot of 100 square yards & above in notified municipalities,
    • The residential area of 1000 square feet & above,
    • Residential plot of 200 square yards & above in areas other than the specified municipalities.  

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You can apply the both. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Severance from family can not be done by any legal documents. 

Your father mother brother sister will always remain in same relationship even your father disown you from his property. Or even you do not keep any relation with them but in law the relationship by birth remain unchanged. 

This is a legal concept not come in general discussion. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Disowning will be better option with paper publication

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You would not be eligible for giving exams under EWS category as family income is more than Rs 8 lakhs 

 

2) your father disowning you would not help you in falling under EWS category 

 

3) similarly filing partition suit would not help your case 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Current definition of Economically Weaker Section:

Persons who are not covered under the scheme of reservation for SCs, STs and OBCs and whose family has gross annual income below Rs 8 lakh (Rupees eight lakh only) can claim benefits.

The Scheme defines Economically Weaker Section (EWS) as one having:

1. Annual household income below Rs 8 lakh

2. Agriculture land below 5 acres

3. Residential house below 1000 sqft

4. Residential plot below 100 yards in notified municipality

5. Residential plot below 200 yards in non-notified municipality area

If the property is held by a family in different locations or at different

places/cities, then all of them would be clubbed while applying the land or property holding test to determine EWS status.

Under the scheme, a ‘family’ means and includes the

1. person who seeks benefit of reservation,

2. his/her parents and

3. siblings below the age of 18 years as also

4. his/her spouse and

5. children below the age of 18 years.

If any person gets an appointment on the basis of false claim, then her/his services are subject to termination invoking the conditions contained in the offer of appointment.

 

Thus on the basis of above criteria,  the proposals you have come now with are not remedies for claiming concession under EWS. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. A person can avail the benefits under EWS only when he/she produces an Income and Asset Certificate issued by a Competent Authority. Such Certificate can be issued by any of the following:-

 District Magistrate/Additional District Magistrate/ Collector/

Deputy Commissioner/Additional’ Deputy Commissioner/ 1st

Class Stipendary Magistrate/ Sub-Divisional Magistrate/ Taluka

Magistrate! Executive Magistrate/ Extra Assistant Commissioner

 Chief Presidency Magistrate/Additional Chief Presidency

Magistrate/ Presidency Magistrate

 Revenue Officer not below the rank of Tehsildar and

 Sub-Divisional Officer or the area where the candidate and/or his

family normally resides.

2. The Officer issuing such certificate has to carefully verify all the relevant documents and follow the due process as prescribed by the respective State/Union Territory.

3. The date for submitting income and asset certificate by the candidate shall be treated as the closing date for receipt of application for the post.

4. The Income and asset certificate submitted by the candidate shall be verified by the appointing authority.

5. The offer of appointment to the candidate claiming to be belonging to EWS shall mandatorily include the following clause( The appointing authorities )

“The appointment is provisional and is subject to the Income and asset certificate being verified through the proper channels and if the verification reveals that the claim to belong to EWS is fake/false the services will be terminated forthwith without assigning any further reasons and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of fake/false certificate.”

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

 As the term "property" is very wide, you need to derive as to how much share in the joint property vests with you after partition.

As per rules of your vicinity

  • Applicant from general category having family income below 8 lakhs INR.
  • Family owning agricultural land less than 5 acres.
  • Family owning Residential flat less than 1000 sq. ft.
  • Family owning Residential plot less than 100 sq. Yards and 200 sq.

is eligible for being categorized under EWS. Therefore, if after partition, the property that vests in you exceeds the above mentioned limit, then in such case even your partition suit may not be of any help.

If post partition you are still an individual constituting one person family, then you need to visit nearest Pragya Kendra and inquire whether EWS can be issued to individual without any family or dependents.

Pooja Ashar
Advocate, Ahmedabad
237 Answers
4 Consultations

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