A PROJECT

On
ADOPTION DEED OF A SON BY A WIDOW

Subject Name: DRAFTING, PLEADING AND CONVEYANCING

Supervised by: Submitted by:

Mr Abhay Singhal Himakshi Shekhawat

Faculty of Drafting, Pleading & Conveyancing Semester- X, Sec- A

S.S. Jain Subodh Law College

Mansarovar, Jaipur

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 2023

DECLARATION

I hereby declare that the project entitled “ADOPTION DEED OF A SON BY A WIDOW”
is submitted by me in partial fulfilment of the requirements for award of the degree of
B.A.LL.B from S.S. Jain Subodh Law College, Mansarovar, Jaipur. It is a result of my own
work and efforts. Any material used or scripted herein by any other
author/researcher/commentator and used hereinafter has been thoroughly acknowledged. The
present work has not been accepted for any degree, and is also not being currently submitted
for any other degree.

Himakshi Shekhawat

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 CERTIFICATE

This is to certify that the project assignment of labour law entitled “ADOPTION DEED OF
A SON BY A WIDOW” submitted by Himakshi Shekhawat of X Semester Sec-A for the
partial fulfilment for requirement for degree of B.A.LL.B from S.S. JAIN SUBODH LAW
COLLEGE, Jaipur embodies the unified work done under the supervision of Mr Abhay
Singhal.

Date: Signature:

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 ACKNOWLEGDEMENT

A research work of such great scope and precision could never have been possible without
great co-operation from all sides. Contributions of various people have resulted in this effort.
Firstly, I would like to thank God for the knowledge he has bestowed upon me.

I would also like to take this opportunity to thank Mr Abhay Singhal without whose valuable
support and guidance, this project would have been impossible. I would like to thank the
library staff for having put up with my persistent queries and having helped me out with the
voluminous materials needed for this work. I would also like to thank my seniors for having
guided me and culminate this acknowledgement by thanking my friends for having kept the
flame of competition burning, which spurred me on through these days.
And finally, my parents, who have been a support to me throughout my life and has helped
me, guided me to perform my best in all interests of my life, and all my elders who have
always inculcated the best of their qualities in me.

Himakshi Shekhawat

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 RESEARCH METHODOLOGY

The methodology used in this project is doctrinal includes accessing reference books and
other relevant sources from library and using secondary sources as well. The secondary
sources used in this project include the library of, S.S. Jain Subodh Law College,
Mansarovar, Jaipur and other sources from the internet. On the basis of the knowledge gained
from all of the above-mentioned sources a self-analysis of the topic under the study has been
presented in the project. All sources referred to have been given due recognition. The
dimensions of this research include studying of the judgment of the case under the study and
also other cases which relied upon the judgment.

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 TABLE OF CONTENTS

INTRODUCTION......................................................................................................................7

ADOPTION DEED OF A SON BY A WIDOW........................................................................8

CONCLUSION........................................................................................................................10

BIBLIOGRAPHY....................................................................................................................11

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 INTRODUCTION

Drafting, Pleading and Conveyancing are the three common terms used in the law sector.
Drafting refers to the act of preparing the legal document like agreements, contracts and
deeds. In drafting besides seeking right words, the draftsman seeks the right concepts.
Conveyancing refers to the transferring of a real property to its new owner by means of deeds
and whereas pleading refers to a legal document filed in a law suit. This can be a document
pertaining to the initiation of litigation or a document in response to this initiation.

Adoption is the process whereby a child not born to a parent(s), is taken as one‘s own,
through a legal process which declares the child as the child of her adoptive parent(s) and
confers on her, all the rights and privileges of a natural child.

Adoption is regulated by the Ministry of Women and Child Development, Government

of India. The Central Adoption Resource Authority (CARA) an autonomous body under the
Ministry formulates policy and regulates practice. Childcare Agencies recognized by the State
Government are further licensed by CARA to place children in adoption. CARA monitors
their performance through the state government machinery. The following person(s) can
adopt:

 An individual irrespective of his or her marital status;

 parents who are already biological parents;
 a childless couple.

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.

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. Sec. 12 lays down that the adopted

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child shall not divest any person of any estate which vested in him or her before the adoption
hence it 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.

ADOPTION DEED OF A SON BY A WIDOW

DEED OF ADOPTION

THIS DEED OF ADOPTION is made on the 1st day of July 2023 at Jaipur by Smt. Srimoni
Rastogi, widow of Late Shri Amish Rastogi, a Hindu by Religion, aged 44 years and resident
of H.No. 55, Nehru Housing Society, Jaipur.

WHEREAS

i. The husband of Executant died on 25th March 2005, and the executant has no son,
sons or son’s or daughter’s son living at the time of execution of this Deed.
ii. The son born to the executant on 11 th of July 2001 has died and thereafter no child
was born to the executant.
iii. The executant has taken in adoption Mr Akash, S/o Mr. Surendra Sharma, Hindu by
religion, aged 1 year and R/o H. No. 80, Ashiana Greens, Jaipur, as adopted son.
iv. The physical act of giving and taking in adoption of Mr Akash has been
completed on at my residence along with religious ceremonies in the presence of
relatives and friends.

Now I Smt. Srimoni Rastogi hereby declare that I have adopted the said Mr Akash as my son
and the said Mr Akash shall have all the legal rights of adopted son of my husband's family
and he will be vested with all the rights in the property left by Mr Amish Rastogi
aforementioned. I have executed this deed of adoption with my free consent.

NOW THIS DEED WITNESSES AS UNDER:

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That the executant is Hindu by religion and will continue to raise the child as per Hindu
customs and practices and shall also grant him all the rights of a natural born son, have taken
in adoption the child by the name of Master Akash aged 1year and the father of the child has
given in adoption.

That the necessary ceremonies of giving and taking in adoption have already been
solemnized on this day of 25th of June 2023 when the child was taken in adoption. That the
child is aged only by 1 year and shall have all the legal rights. That there is no impediment in
giving and taking the child in adoption.

In Witness Whereof of The Executant Has Signed This Deedon This Day Of 1 st Day of July
2023.

Smt. Srimoni Rastogi

Executant

WITNESSES:

1. Shri Sanjay Malik

2. Shri Prabodh Singh

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 CONCLUSION

Adoption, the taking of a child into one's family, creating a parent to child relationship, and

giving him or her all the rights and privileges of one's own child, including the right to inherit

as if the child were the adopter's natural child. The adoption procedure varies depending on

whether the child comes through an agency which handles adoptions or comes from a

stranger or a relative, and on the age of the child and the adoptive parent or parents. The

hopeful adoptive parent must file a petition, which may be handled by the adoption agency.

Natural parents must either give binding written permission for the adoption or have

abandoned the child for a lengthy period of time. An investigation will be made by a county

office (probation or family services) as to the future parents' suitability to adoption, their

relationship status, their home situation, and their health, as well as the best interests of the

child. If the child is old enough to understand the procedure, he or she may have a say in the

adoption. Finally, there is a hearing before a local court judge (called "surrogate" in some

states) and an adoption order made. In many states a new birth certificate can be issued, with

the adoptive parents listed as the parents. If there is an adoption of an adult, the adopting

adult usually must be several years older, based on the state law. In recent years, there has

been much controversy over adoption by single parents, including gays and lesbians, with the

tendency toward allowing such adoptions, provided all other criteria beneficial to the child

met.

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 BIBLIOGRAPHY

Bare Acts:

 Hindu Succession Act, 1956

Sites Referred:

 https://yusuflaw.com/wp-content/uploads/2020/07/Law-on-Drafting-Pleading-
Conveyancing-YAL.pdf
 https://www.aaptaxlaw.com/Legal-Formats/adoption-deed-for-child-by-window-
natural-mother-with-adoptive-father-download-format.html#google_vignette
 Adoption_Deed_and_Process_In_India_A_Critical_Analysis_Project_of_Drafting_pl
eading_and_Convincing_Submitted
 https://www.studocu.com/in/document/karnataka-state-law-university/bba-llb/
adoption-deed-by-a-hindu-widow/31635417
 https://www.scribd.com/document/478025622/adoption-deed-docx#

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