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5. The facts in nutshell are that the petitioner no.1 is the brother and petitioner no.2 is a nephew of Shri PRS i.e. the brother. According to the petitioners, the brother is aged 74 years, husband of respondent no.2 and has two sons, Shri MPS and Shri BPS, aged 37 years and 40 years respectively. The respondent no.3 is a married daughter, aged 39 years and is residing with her in-laws at NEUTRAL CITATION C/SCA/14803/2022 JUDGMENT DATED: 31/03/2023 undefined Village Jasdan, Rajkot. It is the case of the petitioners that the brother is suffering from 'Major Neuro Cognitive Disorder (Chronological Neurological Condition)' and 'Bipolar One Disorder (Mental Illness)'. Both sons are also suffering from 'Intellectual Disability', having other mental disorders due to brain damage and dysfunction which is assessed to an extent of 75% as permanent disability.

5.1. Pandit Deendayal Medical College & Hospital, Rajkot, has issued a certificate, certifying that the brother is suffering from 'Major Neuro Cognitive Disorder (Chronological Neurological Condition)' and 'Bipolar One Disorder (Mental Illness)'. The Department of Empowerment of Person with Disabilities, Ministry of Social Justice & Empowerment, Government of India has also issued a disability certificate dated 24.02.2020, certifying that it is the case of multiple disability and suffers from Chronic Neurological Condition, which has been assessed as 75% and mental illness diagnosed as Bipolar Disorder, assessed as 75%. Similarly, the respondent no.2 is suffering from 'Locomotor Disability' with foot deformity in both the legs. Such disability has been assessed to an extent of 40%. So is the case with both the sons. The Department of Empowerment of Person with Disabilities, Ministry of Social Justice & Empowerment, Government of India, has certified the case of Shri BPS as other mental disorders due to brain damage and dysfunction and physical disease. The disability assessed is 75%. Another son, namely, Shri MPS, has also been issued disability certificate by the Department of Empowerment of Person with Disabilities, Ministry of Social Justice & Empowerment, Government of India. Shri MPS has been certified as a case of 'Intellectual Disability', coupled with other mental disorders due to brain damage and dysfunction and physical disease. The disability has been assessed to an extent of 75%.

6.1. It is submitted that the brother has multiple disabilities as specified in the Schedule of the Act of 2016. So far as the respondent no.2 is concerned, it is submitted that she is also suffering from 'Locomotor Disbility' having foot deformity in both the legs and the disability assessed, is 40% which fact is strengthened by the certificate dated 16.07.2020 issued by the Department of Empowerment of Person with Disabilities, Ministry of Social Justice & Empowerment, Government of India. Similar is the case of both the sons, namely, Shri BPS and Shri MPS, who are also NEUTRAL CITATION C/SCA/14803/2022 JUDGMENT DATED: 31/03/2023 undefined suffering from 'Intellectual Disability', having other mental disorders due to brain damage and dysfunction. The disability has been assessed to 75% which fact is strengthened by the disability certificates both dated 20.01.2020 certifying, inter alia, mental disorders due to brain damage and dysfunction. It is therefore, submitted that the brother and his two sons are unable to take any decision, which may be in their interest and likely to be misguided by any party, other than the family members, who can easily take undue advantage.

24. Coming to his two sons, the disability certificates have been placed on record. So far as the elder son is concerned, as per the disability certificate, his case is of intellectual disability and other mental disorders due to brain damage and dyfunction and to physical disease. So is the position with the younger son who, is also suffering from mental disorder due to brain damage and dyfunction. The another member left, would be the wife i.e. respondent no.2, who has been certified to have been suffering from Locomotor Disability and having the foot deformity in both the legs, is unable to walk. Moreover, she has low vision in the eyes. The daughter is married and staying with her in-laws at the distance of 59 kms. and NEUTRAL CITATION C/SCA/14803/2022 JUDGMENT DATED: 31/03/2023 undefined has filed an affidavit that if the petitioners are appointed as the guardian, she has no objection.