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Legal Format & Draft

Agreement to Adopt a Son Between a Widow Natural: Format

Reference draft used in Indian courts — replace the blanks with your own case details.

THIS AGREEMENT IS MADE AT......................... the......................... day of..................20 ..............between Smt. X widow of late Shri......................... (hereinafter referred to as the first party) of the one part, Y S/o . Resident of......................... (hereinafter referred to as the Second Party) of the Second Part and Z S/o . ......................... (hereinafter referred to as the third party) of the Third Part.....................
WHEREAS late Shri......................... the husband of the First Party, died leaving without any issue and was desirous to adopt a male child, but could not do so, due to no availability of a suitable child;
AND WHEREAS the husband of the first party by his will dated ......................... authorised Smt. X to adopt a son for him;
AND WHEREAS there is a custom in the community of the parties which permits adoption of boy, who has completed the age of fifteen years;
AND WHEREAS, in pursuance of authority given by late......................... to Smt ...................... the first party approached second party to give his son named......................... the third party in adoption as her son and second party, with the consent of his wife , has agreed to give the third party in adoption, upon the terms hereinafter contained.
NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1.That the first party will adopt third party, from the second party in accordance with law.
2. That the third party shall have all the legal rights of a natural son.........................of Smt. X, from the date of adoption except as mentioned hereinafter.
3. That there is a difference of age of more than 21 years between the first party and the third party.
4. That during her lifetime, first party shall remain in possession of the property of her husband and shall be responsible for the maintenance and education of the third party. However, first party shall not alienate the said property during her lifetime.
5. That the third party will be entitled to the possession of the property after the death of the first party.
6. That the ceremony of giving and taking in adoption of the third party will be performed on........ at......................... A.M. at the residence of second party.
7. That the second party has not received and shall not receive any payment or other reward in consideration of giving his son in adoption to the first party.
8. That the third party, having attained majority has consented to the proposed adoption and has signed this agreement in token of his consent.
IN WITNESS WHEREOF, etc . ......................

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Civil Litigation team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our civil litigation team handles drafting, filing and arguments in Kolkata courts.

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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

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