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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
DEED OF ADOPTION BY AN UNMARRIED HINDU WOMAN
THIS DEED OF ADOPTION made at (Bombay)??? on the......................... of.........by Kum ............daughter of......................... (hereinafter referred to as Party No. 1 ) and resident of....................... and Shri....................... S/o......................... resident of......................... (Hereinafter referred to as Party No. 2) witnesses as follows:
1. That Party No. 1 has not married and she does not intend to marry in future.
2. That Party No. 1 has taken Shri......................... S/o .........................aged about....................... in adoption on......................... as her son.
3. That Party No. 2, after obtaining consent of his wife, has on the aforesaid date given the said .........................his son, in adoption to Kum .........................and Kum .........................has taken him in adoption on......................... at......................... along with the religious ceremonies customary with the parties, in the presence of relatives and friends of the parties.
4. That Shri.........................will have all the legal rights of an adopted son of Party No.1..................
From the date of adoption and Party No. 2 shall have no claim hereinafter to the custody of the adopted son
IN WITNESS WHEREOF the parties have signed this deed on the day and the year first above written.
WITNESSES
1. Signed and delivered by the within named Kum . .........
2. Signed and delivered by the within named Shri ...........
Guideline for Drafting Deed of Adoption by an Unmarried Hindu Woman:
Purpose and Parties: Begin by clearly stating the purpose of the document, which is the adoption of a child by an unmarried Hindu woman. Identify and correctly name all parties involved, including the adopting woman, the child, and any other relevant individuals or witnesses.
Legal Provisions: Reference the relevant legal provisions, mainly governed by the Hindu Adoption and Maintenance Act, 1956, and ensure compliance with these laws.
Child's Eligibility: Verify that the child meets the eligibility criteria for adoption under Hindu law, including being of the same religion, unmarried, and within the specified age limits.
Adoption Process: Outline the adoption process, including the rituals and formalities required by Hindu law, such as the giving and taking of the child in adoption before witnesses.
Child's Inheritance Rights: Clarify the child's inheritance rights in accordance with the Act to ensure they receive a rightful share of property.
Consent: Ensure that all parties involved, including the natural parents of the child (if applicable), provide their consent in writing, clearly stating their willingness for the adoption.
Witnesses and Signatures: Have witnesses present during the adoption process and obtain their signatures, as well as the signatures of all involved parties, confirming their consent and understanding.
Legal Review: Before finalizing the document, seek legal counsel to ensure it adheres to current laws and regulations.
Common Mistakes to Avoid:
Inadequate Documentation: Failing to properly document the adoption process, including consent from all parties and necessary rituals, can lead to legal complications.
Lack of Legal Review: Not having the document reviewed by a legal expert may result in errors or non-compliance with legal requirements.
Incorrect Parties: Ensure that all parties involved, including the child's natural parents (if applicable), are accurately identified and their consent is obtained.
Ineligible Child: Adopting a child who does not meet the eligibility criteria specified by Hindu law can render the adoption void.
Failure to Address Property Rights: Neglecting to clarify the adopted child's inheritance rights can lead to future disputes.
Drafting a Deed of Adoption by an Unmarried Hindu Woman involves careful attention to legal details, adherence to prescribed rituals, and compliance with the Hindu Adoption and Maintenance Act, 1956. Avoiding common mistakes ensures a legally valid adoption process.