Adoption procedure
Bindu
(Querist) 20 June 2008
This query is : Resolved
i m junior lawyer from mumbai, & my neighbour wants to adopt a male child I need the format of petition to be filed in court & pls state the documents if any to be executed for the same. kindly tell the procedur
REgards
Guest
(Expert) 21 June 2008
Which state.
An adoption deed will have to drawn as per the religion of the adopter. HINDU LAW OR MUSLIM like taht.
Then first see whether adoption is legally possible, as there are restrictions. Then if you need a deed, it will provided.
Bindu are you from Bangalore.
Srinivas.B.S.S.T
(Expert) 22 June 2008
mail me further details at s_bsst@yahoo.com
Bindu
(Querist) 22 June 2008
no
i m not from bangalore from mumbai . my neighbour is hindu, all other rules as per hindu law are fulfilled bu i need a petition format .
and as you sais for muslim wht will be the format
Bindu
(Querist) 22 June 2008
s
SANJAY DIXIT
(Expert) 22 June 2008
Dear bindu,
There is already a file in "share File" section.
See, whether it is helpful in this regard.
http://www.lawyersclubindia.com/files/33_procedure%20for%20adoption-intra%20and%20in%20country.doc
SANJAY DIXIT
(Expert) 22 June 2008
Deed of Adoption of a Son
Deed of adoption of a son Information provided by THIS DEED OF ADOPTION made at ------------------- on this --------------- day of -------------- 200-- between Mr. X age about about -------- years s/o ---------------------- residing at -------------------------------------- a Hindu by religion, hereinafter referred to as the party of the First Part and Mrs. Y age about ------ years w/o --------------------------------- residing at --------------------------- a Hindu by religion hereinafter referred to as the party of the Second Part, Mr. A age about ------ years s/o --------------------------------- residing at --------------------------- a Hindu by religion, hereinafter referred to as the Party of the Third Part, and Mrs. B age about ------ years w/o --------------------------------- residing at --------------------------- a Hindu by religion, hereinafter referred to as the Party of the Fourth Part;
WHEREAS:
1. The parties of the First and Second part are husband and wife and so also parties of the Third part and Fourth parts hereto.
2. The parties of the first and Second part have no son but only one daughter and now there is no possibility of their having any issue as per medical advice.
3. The parties of the first and Second part requested the parties of the Third and fourth part to give their youngest son by name Master --------------- aged 6 years in adoption to the party of the First Part and the party of the Second and the party of the Third part with the consent of the fourth part agreed to do so.
4. Accordingly, a formal adoption ceremony was performed this day at about ------------ A.M./P.M. at the place of ------------- when the party of the Third part actually delivered to the party of the First Part and the said Master --------------- with intention to give him in adoption to the party of the First Part in the presence of several persons two of whom have attested this deed.
NOW IT IS PROPOSED TO RECORD THE SAID ADOPTION IN THE MANNER FOLLOWING:
1. The party of the First Part with the consent of the party of the Second part has taken in adoption and the party of the Third part with the consent of the party of the fourth part has given in adoption the said Master ----------- as the adoptive son of the party of the First Part and of the party of the Second part, on the day and place hereinbefore recited.
2. It is declared that the said adoption has been made out of the free will of the parties hereto and with a clear intention that the said Master --------- shall be treated as the adoptive son of the parties of the First Part and Second part with all legal consequences thereof and he will cease to be a member of the family of the parties of the Third part and fourth part with all legal consequences thereof.
3. The said adopted son will be hereafter known by name of --------------------
IN WITNESS WHEREOF the parties have put their respective hands the day and year first hereinabove written.
Witness: Sd-
1. Sign -------------------------- (X party of the First Part )
Name & Address -------------
------------------------------------ (Y party of the First Part )
2. Sign --------------------------
Name & Address ------------- (A party of the First Part )
------------------------------------
(B party of the First Part )
Bindu
(Querist) 23 June 2008
yes mr srinivas
Bindu
(Querist) 23 June 2008
1)I NEEDED THE pettition to be filed in court , can anyone [provide me with that, or wht can be the contents f such petition.I m from Mumbai
2) what are the other papers which need to be executed
2)Thank you to all & Mr Sanjay dixit for providing me draft of adoption of son. It will be helpful for prepring adoption papers of ,my neighbour.
Guest
(Expert) 23 June 2008
Bindu,
I donot get to know what you are doing.
Moment you say adoption, it is nothing but a contract, court will not come into picture.
When you say court a lawyer understands that you want a gaurdian to be appointed by the court for ward.
What Sri Sanjay has provided must suit you.
If you need anything else state separately.
Guest
(Expert) 23 June 2008
I mean is it for same issue or for another issue.
arunprakaash.m.
(Expert) 24 June 2008
Bindu
please find the hint for preparing petition to the Distt.court/city civil court for filing adoption petition.
IN THE COURT OF DISTT.JUDGE/CITY CIVIL COURT
AT
MUMBAI
O.P.NO--------of 2008
Petitioner
put description of the petitioner
PETITIONER
and
respondent
description of the respondent.
PETITION FILED ONBEHALF OF THE PETITIONER UNDER SEC.____ OF THE HINDU ADOPTION AND MAINTANENCE ACT 1956 READ WITH SEC.13 OF THE HINDU MINORITY AND GUARDIANSHIP ACT 1956.
pETITIONER
---------------- residing at
The service of the summons notice process etc is sent to the adovcate of the petitioner to_________
Respondent residing at_______
The notice summons process for the respondent shall be sent to the advocate of the respondent to____________
1. The petioner states that he does not have issue of male child or female child as case may be (you have give valid intention and reason for adoption)
2.The petitioner has approached the respondent for the adoption and spoken to the boy who is to be adopted. The boy or the girl ahs given consent for the same.
3.State petioners socil status and his financial stability.
4. give facitilty of providing education and welfare of the child.
5. Undertaking given by the petitioner fo the well keeping ogf the boy and his education etc.
6. prayer for the court to give necessay orders for adoption. 7.. (explain your pleadings)
advocate for the petitioner petitioner
verification
List of documents enclosed
1.
2.
3.
fillup this document according to your need.
