Deed of Adoption of Son by Hindu male by Gupta

V1_CH19

or purporting to confer an authority to adopt is chargeable to Stamp Duty under Article 3, Sch.  I of the Stamp Act.  But no Stamp Duty is payable on adoption made by a will or on an authority to adopt given by a will.

12. Registration.?Under Section 17 of the Registration Act, 1908, Adoption Deeds in themselves are not compulsorily registrable. But if the deed confers or reserves an interest in the property for a third person it requires registration? Pirsab Kasimsab Itagi v Gurappa Basappa Kadig AIR 1914 Bom 47 : ILR 38 Bom 227. But, in view of the restrictive provisions contained in section 17 of Hindu Adoptions and Maintenance Act, 1956, such reservation made in consideration of adoption is now prohibited.

Again in view of the provisions contained in Section 16 of the Hindu Adoptions and Maintenance Act, 1956, a deed of adoption is required to be registered after being duly executed by the person taking in adoption and the person giving in adoption, so that the rule of presumption contemplated under the said section can be invoked by a court before whom the deed is produced?Mahadev v Baindabai AIR 1975 Karn 79; Naresh v Ichrajbai 1979 MPLJ 591.

FORMS

Deed of Adoption of Son by Hindu male?Natural mother of the adoptee is dead and step-mother is living THIS DEED OF ADOPTION made this…………………………day of………….20…… between  A.B., son of  C.D., aged…..years, by religion Hindu, residing at…………..(hereinafter refered to as the ?Adoptive Father?) of the ONE PART AND B.C., aged……………….. years, by religion Hindu, residing at…..(hereinafter referred to as the ?Natural Father?) of the OTHER PART.

WHEREAS :

1. The Adoptive Father has no son or son?s son or son?s son?s son living and he is desirous of adopting a suitable boy to be his son and the son of his wife M.N. who is living.

2.  The Natural Father has agreed to give his son P .Q. now aged about……….. years in adoption to the Adoptive Father.

3.   The Adoptive Father has the only wife M.N.   living who has given her consent to the said adoption.

4. The Natural mother of P .Q. is dead and the Natural Father being married to R.S., who is the step-mother of P .Q., her consent to the adoption is not necessary.

The said P .Q. is still unmarried.

NOW THIS DEED WITNESSES that the said Natural Father has this day, after Ch. 19] ADOPTION?FORMS 889890 CONVEYANCING, DRAFTING & DEEDS [Ch. 19  performing the necessary religious ceremonies before a gathering of friends and relatives of both the parties held at………  (place) at……….(time) given the said P .Q., his son, to the Adoptive Father who has taken the said P .Q. in adoption and that the said  P.Q. shall have all the legal rights of and in the Hindu Coparcenary of the Adoptive Father from this day as if he (P .Q.) were his (Adoptive Father) natural son.

IN WITNESS whereof the said A.B.(the Adoptive Father), the said B.C. (the Natural Father) and the said Smt. M.N.   (wife of A.B.) have hereunto signed these presents in the presence of all friendds and relatives gathered, two of whom at the request of the parties have also hereunto signed as attesting witnesses, on this date first abovewritten.

1. Witness 1.A.B. (Signature)

2. 2.  B.C.

3. M.N.

1. Mother?  does not include an adoptive mother or a step-mother. The expression  ?mother?, in the context of sub-section (2) of section 9 of the Hindu Adoptions an Maintenance Act, must mean the  ?natural mother? of the child and not a  ?step-mother? and consent of a stepmother is not necessary. (Mulla, Hindu Law, 15th Edn., p. 1098).

2. The effects of an adoption have been enumerated in section 12 of the Hindu Adoptions and Maintenance Act.The said section provides that after an adoption the adopted child shall be deemed to be the child of his or her adoptive parents with all the legal incidents and rights flowing therefrom as that of an after-born natural son or natural daughter of the adoptive parents. Clause (c) to sec. 12 lays down that the adopted child shall not divest any person of any estate which vested in him or her before the adoption.  This rule, does not, however, abrogate the incidents of joint family property. Though no new parties can be added to the coparcenary by act of parties, but it cannot be prevent a stranger from admitting to the share of a coparcenary property once he is lawfully adopted as one of the coparceners of the joint family. Nor does it prevent an adopted son from challenging an alienation made by the adoptive mother prior to 1956 where the alienation was not for legal necessity?Moti Lal v Sardal Mal AIR 1976 Raj 40. Similarly, a gift of coparcenary property made after the adoption  can be challenged by the adopted son on the ground that the same could not lawfully be alienated and vest in the donee and that no question of divesting the same can be said to arise within the meaning of clause

(c) of section 12 of the Said Act?Mikund Singh v Wazir Singh (1972)4 SCC 178.To interpret section 12 of the Act to include cases of devolution by survirorship on the death of a member of the joint family would be to deny any practical effect to the adoption made by the widow of a member of the joint family. Thus, where a widow of a deceased coparcener adopts a child Proviso (c) to sec.  12 does not preclude the adopted child from claiming his share in the joint family properties, for if a share is given to the adopted child there is no question of divesting any person of any estate which vested in him before adoption ? Vasant v Dattu AIR 1987 SC 398.

2

Deed of Adoption of Daughter by a Hindu male?Adoptive mother is dead?Natural mother living but of unsound mind

THIS DEED of Adoption made this……..day of……………20….. BETWEEN A.B., on of C.D., aged about….years, by religion Hindu, residing at ………(hereinafter referred to as the  ?Adoptive Father?) of the  ONE  PART  AND B.C., aged about………….,years, by religion Hindu, residing at…………(hereinafter referred to as the  ?Natural Father?) of the OTHER PART.

WHEREAS :

1. The adoptive Father has no daughter or son?s daughter living.

2. Whereas the Adoptive Father is anxious to adopt a daughter expeditiously owing to his serious ill health so as to take care of him as his wife is dead.

3. The Natural Father has agreed to give his second daughter P .Q. now aged about …………..14……..years1 in adoption to the Adoptive Father, as due to his pecuniary conditions he cannot maintain his big family comprising of three sons and three daughters, all minors, and his ailing wife S.T. who is of unsound mind and is kept in a Government Mental Hospital.

4. The Adoptive Father has no wife living who could give consent to the adoption.

5. Sm.S.T. wife of the Natural Father and the Natural mother of the said P .Q. being of unsound mind, her consent to the adoption is not necessary.

1

6. The said P .Q.  has not been married.

3

7.   The Adoptive Father is more than twenty-one years older than the said P .Q.

4

NOW THIS DEED WITNESSES that the Natural Father has this day, before a gathering of the friends and relatives of both the parties, in the course of ceremonial religious performances held at…………….(place) at………..(time) given the said P .Q. his second daughter, to the Adoptive Father and the Adoptive Father has taken the said P .Q. in adoption and that the said P .Q. shall have all the legal rights of and in the Hindu coparcenary of the Adoptive Father from this day as if she (P .Q.)/were his (Adoptive Father) natural daughter.

IN WITNESS whereof………..etc. [As in Form No. 1] N.B. : Mother?s (Adoptive & Natural) consent being not required/or

available she/they cannot sign.

1.  According to sec.  10 (ibid) the person to be adopted should not have completed the age of fifteen years, unless there is a custom or usage whch permits persons who have completed the age of fifteen years being taken in adoption. This rule is, however, subject to judicial controversies?see, Laxman v Anusuyabai AIR 1976 Bom 264; Balakrishna v Sadashiv AIR 1977 Bom 412; Haribai v Baba Anna, AIR 1977 Bom 289.

2 Consent of the wife of the Adoptive Father u/s. 7 of the Act is not possible to be obtained in the adoption as she is dead; consent of the Natural Mother of P.Q. u/s. 9(2) of the Act will not be necessary only if she has been declared by a court of competent jurisdiction to be of unsound  mind and not otherwise.

3 This is one of the favour requisite qualifications for a person who may be adopted, as have been laid down in section 10 of the Act.

4 Clause (iii) of section 11 lays down the condition that in case of adoption of a female by a male, the adoptive father must be at least twenty-one years older than the person to be adopted. This is obviously a precautionary measures and there was no such rule under the previous law. Ch. 19] ADOPTION?FORMS 891892 CONVEYANCING, DRAFTING & DEEDS [Ch. 19

3

Deed of Adoption of a Son by a Hindu Widow THIS DEED of Adoption made this………………… day of…………………….  20…. BETWEEN Smt. A.B. aged about……………years, wife of late C.D., by religion Hindu, residing at………(herein after refered to as the  ?Adoptive Mother? of the ONE PART AND B.C. aged about……………. years, son of…………………., residing at………. (hereinafter referred to as the ?Natural Father?) of the OTHER PART.

WHEREAS :

1. The Adoptive Mother is a widow having no son or son?s son or son?s son?son living.

2. The Adoptive Mother is desirous of taking a son in adoption owing to her indifferent health and advanced age, lest she may die and her property be wasted and her lineage be extinct once for all.

3. The Natural Father has agreed to give his youngst son P .Q. now aged about……………years in adoption to the Adoptive Mother.

4. Smt.  C.D. the wife of the Natural Father has given her consent to the said adoption of her son the said P .Q. by the Adoptive Mother.

5. The  siad P .Q. is a bachelor.

6. The Adoptive Mother is more than twenty-one years older than the said P .Q. NOW  THIS DEED WITNESSES that the said Natural Father has this day, before a gathering of the friends and relatives of both the parties, during the course of religious performance according to their custom and usage, held at…….. (place) at ……….. (time) given the said P .Q. his youngest son, to the Adoptive Mother and the said Adoptive Mother has taken the said P.Q. as her adoptive son who will have all the legal rights of and in the coparcenary of the Adoptive Mother from this day. IN WITNESS whereof……………….  etc.

[As in Form  No. 1]

N.B. : The Natural Mother (C.D.) will also sign in token of her giving consent to the adoption along with the parties of the two parts.

1 Clause (c) of Section 8 of the Hindu Adoptions and Maintenance Act recognises the right among other female Hindus, of a widow to adopt a son or daughter to herself. Under the law prevailing prior to the Hindu Succession Act, 1956 no female including a wife or a widow could adopt a son to herself. The effect of adoption by a widow of a son or daughter is that for all purposes the adoptee becomes the son or daughter not only of the widow but her deceased husband as well with the same status as that of a natural-born child with all the consequences and incidents of that status including succession to all their relations. Divergence of judicial opinions prevailed over the issue. While the Allahabad High Court and Bombay High Court held that a son adopted by a widow becomes also the son of the deceased adoptive father, the Madras High Court held a different view? see, Ankush v Janabai AIR 1966 Bom 174; Subhash Misir v Thagi Misir AIR. 1967 All 148; Arumugha v Valliammal AIR 1969 Mad 72.  However , the controversies have been set at rest by the Supreme Court which held that for all purposes an adopted son of a widow shall be treated also as an adopted son of her deceased husband?Sitabai v Ramchandra AIR 1970 SC 343.4 Deed of Adoption of a Son by a Hindu Widow under express power of her deceased husband

THIS DEED OF ADOPTION made this…………..  day of….  20…  . BETWEEN Smt. A.B. aged about………………  years, wife of late C.D. by religion Hindu, residing at………… (hereinafter referred to as the  ?Adoptive Mother? of the ONE PART AND B.C., aged about………..  years, son of……….., residing at………..  (hereinafter referred to as the ?Natural Father?) of the OTHER PART.

WHEREAS:

1. The said Smt.  A.B. is a widow having no son or son?s son or son?s son?s son living.

2. The said Smt. A.B. declares that C.D. her deceased husband under an authority to adopt, executed by him on………..  permitted her to adopt a son to the said C.D. in order to perpetuate his scion and to perform the rituals necessary for a Hindu Son.

3. The said Smt. A.B. is therefore, desirous of taking a son in adoption owing to her indifferent health and advanced age, lest she may die and her property be wasted and her lineage be extinct once for all.

4. The said B.C. has agreed to give his youngest son P .Q.  now aged about. . . .  . .  years in adoption to the said Smt. A.B.

5.  Smt.  M.N. the wife of the said B.C. has given her consent to the said adoption of her son the said P .Q. by the said Smt .  A.B.

NOW  THIS DEED WITNESSES that the said B.C. has this day, before a gathering of the friends and relatives of both the parties, during the course of a religious performance according to their custom and usage, held at…………. (place) at………….(time) given the said P .Q.  his youngest son, to the said Smt. A.B. said Smt.  A.B. has taken the said P .Q as the adopted son, to her deceased husband C.D. and the said P .Q.  will have all the legal rights of and in the coparcenary of the said C.D. from this day.

IN WITNESS WHEREOF etc.

5

Deed of Adoption of a Daughter by an Unmarried Hindu Female THIS DEED  of adoption made this………day of……….20….. BETWEEN Smt. A.B. aged about……….years, daughter of M.N. by religion Hindu, residing at…… (hereinafter referred to as the ?Adoptive Mother?) of the ONE PART AND Smt.  C.D. aged about ….years, wife of late E.F .  by religion Hindu resident of………(hereinafter referred to as ?the Natural Mother?) of the OTHER PART. Ch. 19] ADOPTION?FORMS 893894 CONVEYANCING, DRAFTING & DEEDS [Ch. 19

WHEREAS :

1. The Adoptive Mother remained unmarried and has no intention to marry at all in view of her fairly advanced age.

2. The Adoptive Mother is desirious of taking a daughter in adoption to take care of her person and property at her old age (as she has no other kith or kin or lineal descendent of her husband).

3. The Natural Mother has agreed to give her second daughter P .Q. now about………….years in adoption to the Adoptive Mother, (as she is unable to maintain her big family comprising three daughters and two sons, all minors).

4. The said P .Q.  has not been married. NOW  THIS DEED WITNESSES  that the said Natural Mother has this day, before a gathering  of friends and relatives of both the parties and after performing religious ceremonies held at………. (place) at………… (time) given the said P .Q. her second daughter, to the Adoptive Mother and the said Adoptive Mother has taken the said P .Q. as her adopted daughter and on adoption she has acquired all the legal rights of and in the matter of succession and for all other purposes as if she (P .Q.) were her (Adoptive Mother) natural daughter.

IN WITNESS whereof………………….. etc.

[As in Form No. 1]

1 Clause (c) of Section 8 of the Act has given authority to an unmarried female Hindu, amongst others, who has completed the age of eighteen years, to take a son or a daughter in adoption to herself, in her own right provided there is compliance with the requirements and conditions of such adoption as laid down in the Act.

2 The expressions within the brackets in paragraphs 2 and 3 may be necessary whenever applicable.

Deed of Adoption of an orphan from a family THIS DEED of Adoption made this……………………  day of……………….  20……

BETWEEN A.B. aged about…….years, son of M.N., by religion Hindu, residing at………………….(hereinafter referred to as the  ?Adoptive Father?) of the ONE PART AND  C.D. aged about…..  years son of P .Q. by religion Hindu, residing at……….. the legal guardian of R.S., the Adoptee, duly appointed under the Guardians and Wards Act, 1890 (hereinafter referred to as the ?Guardian?) of the OTHER PART.

WHEREAS :

1. The Adoptive Father has no son  or son?s son or son?s son?s son living.

2.The Adoptive Father is desirous of adopting a son who can look after him at his old age, maintain his lineage of succession, and shall have all obligations of a son including that of offering oblations to the Adoptive Father and his ancessors as by law required.3. The Natural Father and the Natural Mother of the boy named E.F., aged about……years,residing at………..  are not alive and the said C.D.  has been appointed his legal guardian by the District Judge……………  vide his Order ……. dated……. under the Guardians and Wards Act, 1890.

4.  The Adoptive Father has selected the said E.F. to take in adoption and with that view has approached the said Guardian.

5. The said Guardian having consented to the said proposal of the Adoptive Father applied to the District Judge………… for necessary permission to give the said E.F. in adoption to the Adoptive Father and the required permission has been granted by the District Judge vide his Order…………….. dated…………..

6. Smt.  M.N. wife of the Adoptive Father, has also given her consent to the said adoption by the Adoptive Father.

NOW THIS DEED WITNESSES that the said Guardian has this day, before a gathering of respectable persons of the locality and also the friends and relatives of the Adoptive Father and the adoptee, actually and physically put the said E.F in the possession of the Adoptive Father who has actually and physically received the said E.F. in adoption as his son AND the said E.F. shall have from this day full right,title and interest in the property of the said Adoptive Father and that of his joint family and shall have all obligations of a son including that of offering oblations to the said Adoptive Father and his ancessors as required by

law.

IN WITNESS whereof……………………  etc.

WITNESSES :

1. 1 Signature of the Adoptive Father

2. Signature of the Guardian

2. 3.  Signature of the Adoptive Mother.

Deed of Adoption of an Orphan from an Orphanage THIS DEED of adoption made this………………….. day of………………..  20…… BETWEEN A.B. aged about………… years, son of M.N. by religion Hindu, residing at………..(hereinafter referred to as the  ?Adoptive Father?) of the  ONE  PART  AND C.D., aged about….years son of P .Q.  by religion Hindu, the Secretary/Supdt.  of……………… (Orphanage) having its registered office at…….. the guardian of  R.S.,  the adoptee, duly appointed by the District Judge…………  vide his Order dated…………… (hereinafter referred to as the ?Guardian?) of the OTHER PART.

WHEREAS :

1. The Adoptive Father has no son or son?s son or son?s son?s son living.

2. The Adoptive Father is desirous of adopting a son who can look after him Ch. 19] ADOPTION?FORMS 895896 CONVEYANCING, DRAFTING & DEEDS [Ch. 19 at his old age, maintain his lineage of succession and shall perform all obligations of a son including that of offering oblations to the Adoptive Father and his ancestors as by law required.

3. With that end in view the Adoptive Father has approached the said Guardian who is in charge of the…………………… Orphanage situate at……….. which is a voluntary Social and  Welfare Organisation giving shelter and maintaining the orphans and children abandoned by unknown parents to give him in adoption a suitable boy to be his adopted son.

4.  The said Guardian being satisfied about the bona fide intention of the Adoptive Father and also being satisfied that the adoption will be for the welfare of the child, proposed to offer R.S.aged…………. years, who has reached the age of understanding, after obtaining his willingness and ascertaining his wishes to the said adoption.

5. The Adoptive Father has approved the selection of the said R.S. and requested the said Guardian to complete the necessary formalities for the intended adoption expeditiously.

6. The said Guardian having finally agreed, approved and consented to the said proposal of the Adoptive Father applied to the District Judge…………….  for necessary permission to give the said R.S. in adoption to the Adoptive Father and the required permission has been granted by the District Judge vide his Order…………………. dated…………

7. Smt. M.N. wife of the Adoptive Father, has also given her consent to the said adoption by the Adoptive Father.

NOW THIS DEED WITNESSES that the said Guardian as head of the………………. Orphanage (Institution) being fully satisfied, on the basis of the enquiries made and reports obtained from dependable sources, about the bona fide intention of the Adoptive Father and for the benefit and welfare of the said R.S., has this day, before respectable persons and officials of the……………..(Institution) put the said R.S. in the possession of the Adoptive Father who has physically received the said R.S. in adoption as his son AND the said R.S. shall have from this day full right, title and interest in the property of the said Adoptive Father and that of his joint family and shall have all obligations of a son including that of offering oblations to the said Adoptive Father and his ancestors as required by law. IN WITNESS whereof………………………. etc.

Witnesses: 1. Signature of the Adoptive Father

1. 2.  Signature of the Secretary (or Head of the Institution)

2. 3. Signature of th Adoptive Mother.8 Inter-country Adoption?of an Indian-born orphan by converted Hindu (originally German) parents1 THIS DEED of adoption made this……………………….  day of………….20…… BETWEEN  A.B.  aged about………..  years, son of  M.N., by religion Hindu (converted), by Nationally German, residing at…..(hereinafter referred to as the Adoptive Father?) of the ONE PART AND C.D., aged about…………… years son of P .Q. by religion Hindu, by Nationality Indian, the Secretary of……………… (Orphanage) having its registered office at…………….  acting as the Guardian of R.S. aged about….years, duly appointed by the District Judge…vide his order dated….. (hereinafter referred to as the ?Guardian?) of the OTHER PART.

WHEREAS :

1.  The Adoptive Father is a citizen of West Germany but an ordinarily resident of India and declared to have adopted Hindu religion and accustomed with the Indian culture.

2. The Adoptive Father and his wife Mrs. L.M. have no daughter or son?daughter living.

3. The Adoptive Father is desirous of adopting a daughter to which Mrs. L.M. has given her consent.

4. With that end in view the Adoptive Father has approached the said Guardian, who is the head of the…………………….  (Orphanage Institution) situate at………… to give him in adoption a suitable minor female child to be his adopted daughter who will be taken by the adoptive parents to West Germany where the said adopted daughter will be provided with a suitable home where the child can grow in health and happiness with the economic status and social conditions of the Adoptive Father.

5. The Adoptive Father and his wife declare that they fulfil the requirement of the law of adoption as prevailing in this country as well as in West Germany, that they have the requisite permission to adopt from the appropriate authorities in their country, that the adopted daughter will be able to immigrate to the Country of the adoptive parents, that she will be able to obtain the Nationality of the adoptive parents, and that she will be able to come to India occasionally whenever she desires.

6. The Guardian declares declares that the institution of which he is the Secretary, has duly scrutinized the proposal of the said Adoptive Father with regard to adoption and made necessary inquiry with the assistance of the Indian Council of Social Welfare (175, Dadabhai Naoroji Road, Bombay 400001)

and found that the adoption would be beneficial to the child, financially, socially, morally and in every respect.

7.  The Guardian further declares that he has also caused necessary investigations into the economic status and social conditions of the family of the adoptive parents and on the questions of health and psychological preparedness

Ch. 19] ADOPTION?FORMS 897

G : CDD (Vol. 1) ? 57898 CONVEYANCING, DRAFTING & DEEDS [Ch. 19 for adoption by the Adoptive parents as well as the child?s acceptance within the community of the adoptive parents, through the assistance of the Inter-country adoption organisations, namely the European office of the Technical ofice of the Technical Assistance Administration, United Nations and International Social Service, and also through the Secretary to the Ministry of Social Welfare, Government of India and other Government agencies and that the Guardian is satisfied that the adoption will be beneficial to the adopted daughter and will be in the interest of her welfare.

2

8.  The Guardian declares that necessary application was made to the………… Court under the provisions of the Guardians and Wards Act, 1890 and the District Judge vide his order dated…………  has granted the requisite permission, subject to the conditions that the adoptive parents should submit to the Court?s jurisdiction and furnish a periodical report pertaining to the maintenance and well being of the adopted daughter in the hands of the adoptive parents.

9. The Adoptive Father has accepted the said condition for adoption and his wife Mrs. L.N. has consented to the said adoption.

10. The Adoptive Father is more than 21 years older than the adopted daughter.

11. The Guardian having finally agreed, approved and consented to the said proposal of the Adoptive Father, offered the said R.S.  in adoption to the Adoptive Father who has accepted the said adoption. NOW THIS DEED WITNESSES that the said Guardian as head of the………….. Orphanage (Institution) being fully satisfied, on the basis of the enquiries made and reports obtained from authoritative sources, about the bona fide intention of the Adoptive Father and for the benefit and welfare of the said R.S., has this day, before respectable social workers, officials and witnesses, put the said R.S. in adoption and the Adoptive Father has actually taken the said R.S. as his daughter with all the rights of a natural-born daughter in the family of the Adoptive parents.

IN WITNESS whereof………….. etc.

1. Signature of the Adoptive Father

2. Signature of the Adoptive Mother

Witnesses :

1. 3. Signature of the Guaridan

(Secretary of the Institution)

2.

1 For Judicial interpretation and procedures on inter-country adoptions, see in re: Rasiklal Chhaganlal Mehta AIR 1982 Gujarat 193.

2 For inter-country adoptions necessary inquires and assistance, may be available through these official agencies in order to ascertain the social and economic status of the Adoptive parents abroad.9

Deed of Adoption by a Testamentary Guardian1 and a male Hindu

THIS DEED  of adoption made this……………… day of……………… 20…. BETWEEN A.B., son of  C.D.,  aged…………. years, by religion Hindu, residing at……… (hereinafter referred to as the ?Adoptive Father?) of the ONE PART AND B.C. son of…………………….., aged about………….  years, by religion Hindu, residing at………. the Guardian of the adoptee (hereinafter referred to as the ?Guardian?) of the OTHER PART.

WHEREAS :

1. The Adoptive Father has no son or son?s son or son?s son?s son living.

2. The Adoptive Father is desirous of adopting a suitable boy to be his son and the  son of his wife M.N. who is living.

3. The Adoptive Father has the only wife, the said M.N. living and she has given her consent to the adoption.

4.  The Adoptive father has proposed to take the Guardian has agreed to give in adoption to the said adoptive father one P .Q., aged about………….. years, son of late……………., residing at…………

5. The natural father and the natural mother of the said P.Q.  are dead and under his Will dated……………  the natural father of the said P .Q. appointed the said B.C. as the testamentary guaridan of the minor P .Q.

6.  The said guardian had applied to the District Judge……………  for necessary permission under the Guardian and Wards Act of 1890 to give the said P .Q.  in adoption to the Adoptive Father and the District Judge……………….  has duly granted the required permission vide his order date…………. NOW THIS DEED WITNESSES that the said Guardian has this day, before a gathering of distinguished social workers, friends and relatives of both the parties, held at………(place) at……….(time) given the said P .Q.  to the Adoptive Father who has taken the said P .Q. in adoption and that the said P .Q.  shall have all the legal rights of and in the Hindu coparcenary of the Adoptive Father and for all purposes the said P .Q. shall be deemed to be the natural-born son of his adoptive father with effect from this day. IN WITNESS thereof etc. [As in Form No. 5]

1 Authority to adopt : Under the old law a wife or a widow could not adopt a son to herself. After the death of the husband a widow could adopt a son under the express authority from her husband either in a Will or otherwise. The adoption, however, in that case was not of a son to herself but to her husband. But, under the  new law a Hindu wife cannot adopt a son or a daughter to herself even with the authority or consent of her husband because Section 8 of the Hindu Adoptions and Maintenance Act, 1956 expressly provides for cases in which she can adopt a son or daughter to herself during the lifetime of her husband or otherwise.Save and except the circumstances expressly mentioned in the said section a Hindu wife has no power to adopt a son or a daughter even with the authority of her husband. Again, the old concept of executing a document by a husband either by way of a Will or otherwise authorising her to adopt is now rendered redundant in view of the new statutory provisions under  which it is competent now to a female Hindu who is of sound mind and has completed the age of eighteen years to take a son or a daughter in adoption to herself, in her own right, provided she is not married; or is a widow; or is a divorcee; or if married, her husband has finally renounced the world, or ceased to be a Hindu or has been declared to be of unsound mind by a court of competent jurisdiction.Ch. 19] ADOPTION?FORMS 899