DEED OF ADOPTION is made and entered into at Thane this ____ day of ______,200-
BETWEEN MR.A N, Adult, Indian Inhabitant of Thane, residing at_____________,
Thane -, hereinafter referred to
the 'ADOPTIVE FATHER' (which term and expression shall unless it be repugnant
to the context or meaning thereof shall mean and include his heirs, executors,
administrators and assigns) of the ONE PART A N D MRS. B N, Adult, Indian
Inhabitant of Thane, residing at _____________________, Thane -, hereinafter
referred to as the 'NATURAL MOTHER' (which term and expression shall unless it
be repugnant to the context or meaning thereof shall mean and include her
heirs. executors, administrators and assigns) of the SECOND PART A N D MASTER
AD, a Minor, through her Natural Mother and Guardian, Mrs. B N, the Party of
the Second Part herein, hereinafter referred to as the 'Adopted Son' of the
the Party of the Second Part herein had married S R on 19.3.1993 at Bombay and
after marrying Mr. S R, her name was Mrs. B R, hereinafter for the sake of
brevity referred to as the 'Said Marriage'.
WHEREAS out of the Said Marriage, there has been a issue i.e. a Male Boy
namely, "Ad", born on___________, hereinafter for the sake of brevity
referred to as the Said Boy.
WHEREAS due to their difference of opinion the Party of the Second Part and her
the then husband i.e. Shri S. R preferred a Petition No. AA___/___for Divorce
by Mutual Consent in the Family Court at Bandar, Bombay and the Honorable Court
was pleased the dissolve the Said Marriage vide their order passed below Exh. 6
on ___________besides awarding the permanent custody of the Said Boy to the
Party of the Second Part herein, hereinafter for the sake of brevity referred
to as the 'Said Order'
WHEREAS Mr. S R the Ex-Husband of the Party of the Second Part herein did not
prefer any Appeal and/or revision against the Said Order and Judgment.
WHEREAS the Party of the First Part herein has married the Party of the Second
Part herein and have registered their marriage at the office of the
Sub-Registrar of Assurances (Marriage Officer), Thane vide Their Receipt
No.______/_______ dated__________, hereinafter for the sake of brevity referred
to as the 'Said Second Marriage'.
WHEREAS the Party of the First Part has married the Party of the Second Part
herein, has decided to Adopt the Party of the Third Part herein as he is
issueless and has married the natural mother of the Said Boy.
WHEREAS the natural mother (the Party of the Second Part herein) consented for
the said adoption and on ______________ the physical act of giving and taking
of the boy in adoption was performed, namely the natural mother gave the third
party in adoption and the adaptor took the boy as adopted son accompanied by
performance of Datta Homam.
WHEREAS the parties considered it necessary and expedient that a Deed of
Adoption be executed so as to be authentic record of the Adoption having
already taken place.
THEREFORE THIS INDENTURE WITNESSETH AS FOLLOWS;
1. It is hereby declared
that on _________ the party of the Second Part i.e. the Natural Mother of the
Third Party gave in adoption her son "AD" to the Adopter who took the
boy in Adoption. The Adopter took the boy in Adoption, the physical act of
giving and taking was also accompanied by Datta Homam ceremony and in the
presence of assembled brotherhood of the parties.
2. As a result of the
aforesaid adoption the Third Party was transferred legally from the Natural
Mother to the Parties of the First and Second Part herein and Adopter became
entitled to all the rights and obligations of his Adopted Son.
3. The Adopted Boy 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 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.
4. The Adopter, first
party, shall be responsible for the maintenance and education of the adopted
son and agrees to bring him up according to his status in life.
5. The Natural Father of
the Said Boy having relinquished all his right, title, interest and claim over
the said boy and Natural Mother having married the Party of the first part
herein after her marriage having been dissolved by the Family Court, Bandra,
Bombay and being continue to remain as Natural Mother of the Said Boy, question
of taking any consent from anybody does not arise at all.
6. The Adopter shall not
lay any claim hereinafter against the natural father for expenses incurred by
him for the education and maintenance of the Said Boy/Adopted Son.
WITNESS WHEREOF the parties hereto have hereunto set and subscribed their
respective hands to this on the day and year first hereinabove written
SEALED AND DELIVERED)
the within-named Party of First Part)
the presence of ____________________
SEALED AND DELIVERED)
the within-named Party of Second Part)
the presence of_________________ )
SEALED AND DELIVERED)
the within-named Party of Third Part)
his Natural Mother
the presence of_____________________)