THIS DEED OF ADOPTION made this …….day of………………..20__ BETWEEN ________________ son of ______________________ residing at _______________________________ hereinafter called the DONOR of the FIRST PART and ____________________________ wife of ____________________ residing a _____________________ hereinafter called the FIRST CONFIRMING PARTY of the SECOND PART and  ___________________ son of _________________________ residing at _____________________________ hereinafter called the DONEE of the THIRD PART and ___________________ wife of ___________________ residing at __________________ hereinafter called the SECOND CONFIRMING PARTY of the FOURTH PART;

WHEREAS

A.        The parties hereto are governed by the Mitakshara School of Hindu Law.

B.         ______________, the minor daughter/son of the DONOR and the FIRST CONFIRMING PARTY, has been living with her maternal uncle the DONEE herein and the maternal Aunt the SECOND CONFIRMING PARTY herein since the age of ____ years and the DONEE and the SECOND CONFIRMING PARTY have been maintaining and looking after the said ____ as their own daughter/son and the said ________ has been treating the DONEE and the SECOND CONFIRMING PARTY as her/his own Father and Mother respectively.

C.         The DONEE has no daughter/son or son’s daughter/son of his own and being desirous of taking the said _____ in adoption with the consent of the SECOND CONFIRMING PARTY approached the _____, his ___________ who has two daughters/sons namely ______________ and the said ____________, for the purpose of giving his daughter/son __________ aged ____ years and _____ months born of his wife, the FIRST CONFIRMING PARTY on the ________________, in  adoption unto the DONEE and the DONOR with the consent of the of the FIRST CONFIRMING PARTY agreed to the same.

 

D.        The DONEE with the consent of his wife, the SECOND CONFIRMING PARTY agreed to take the said _____ in adoption and the DONOR with the consent of his wife, the FIRST CONFIRMING PARTY agreed to give their daughter/son, the said ________________ in adoption unto the said DONEE.

E.         Pursuant to the said agreement and consent the said ____ was on the ___________________ given in adoption by the DONOR with the consent of his wife, the FIRST CONFIRMING PARTY unto the DONEE aforesaid with the consent of the SECOND CONFIRMING PARTY, the wife of the DONEE.

F.         All the religious rites and ceremonies including that of __________ with regard to the said adoption were duly performed at______________________ and physical acts of giving and taking the _______________ in adoption with intent to transfer have also been duly performed on the said __________________ at the said place in presence of the brotherhood of the DONEE’s family and since ___________________ the said _______ is known as _____________.

G.        Since the said date of adoption the ______________ ceased to be a Member of the family of the DONOR and has become the Member of the family of the DONEE and has become entitled to be as heir of the Estate of the DONEE and his wife the SECOND CONFIRMING PARTY as if she was their own natural born daughter/son and the DONEE and the SECOND CONFIRMING PARTY have been treating the said ____________ as their own natural born daughter/son.

H.        Since the said fact of adoption has not been recorded in writing it has been thought expedient to record the same as hereunder:

 

NOW THIS INDENTURE WITNESSTH that the parties hereto have agreed to the following and they do hereby declare as follows:

1.         The DONOR has capacity to give and the said DONEE has capacity to take the said ____________ in adoption.

2.         It is also declared that the said ___________ has not been given in Adoption before to anybody else.

3.         The adoptive Father i.e. the __________ is more than twenty one years older than the said adopted ______________.

4.         It is recorded that on the ________________ the DONOR with the consent of his wife the FIRST CONFIRMING PARTY hereto gave his daughter/son the said ___________ aged about ___ years and ____ months having been born on _______________ in adoption unto the DONEE with the consent of the DONEE’s wife the SECOND CONFIRMING PARTY herein.

5.         It is also recorded that all the religious rites and ceremonies with regard to the said adoption including that of _______________had been duly performed and observed in presence of the brotherhood of the DONEE’s family and the said ____________ was physically given by the DONOR and taken by  the DONEE in adoption as aforesaid at the said place at _______________.

6.         Since after the said adoption the said __________ has ceased to be a Member of the family of the DONOR and the FIRST CONFIRMING PARTY and has become a Member of the family of the DONEE and the SECOND CONFIRMING PARTY and as such the said ___________ has become entitled to all rights and obligations as their natural born daughter/son.

7.         The Adopted Child/Son/Daughter by virtue of the said Adoption has become member of the Coparcenary with his Adopted father and shall be entitled to inherit his self acquired property if indisposed of and shall be entitled to succeed to his Joint Ancestor’s property by Survivorship except that if a legitimate son/daughter is born subsequent to his adoption, the right of inheritance of succession of the adopted son shall be regulated by Rule of the Hindu Law.

8.         The Adopted Child/Son/Daughter by virtue of the said adoption shall not lay any claim hereinafter against the DONOR and the FIRST CONFIRMING PARTY for expenses incurred by him/her for the education and/or maintenance of the said adopted Son/Daughter.

 

IN WITNESS WHEREOF the parties hereto have set and subscribed their respective hands and seals the day month and year first above written.

 

SIGNED SEALED AND DELIVERED

by the DONOR abovenamed at _________ in

the presence of :

 

SIGNED SEALED AND DELIVERED

by the FIRST CONFIRMING PARTY at ___________

in the presence of :

 

SIGNED SEALED AND DELIVERED

by the DONEE abovenamed at ___________ in

the presence of :

 

SIGNED SEALED AND DELIVERED

by the SECOND CONFIRMING PARTY at _________

in the presence of :

 

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