DEED OF AGREEMENT TO ADOPT A SON BETWEEN A WIDOW, NATURAL FATHER OF SON TO BE ADOPTED AND THE INTENDED SON TO BE ADOPTED
THIS AGREEMENT IS MADE AT......................... the......................... day of..................20….. between Smt. ….. widow of late Shri......................... (hereinafter referred to as the first party) of the one part, ….. S/o ………..resident of......................... (hereinafter referred to as the Second Party) of the Second Part and …… 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 non-availability of a suitable child;
AND WHEREAS the husband of the first party by his will dated ......................... authorised Smt. …….. 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. ………, from the date of adoption except as mentioned hereinafter.
3. That there is a difference of age of more than …….. 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.......................... 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 .
…………………………………
………………………………….