ADOPTION
WITH A SETTLEMENT OF PROPERTY OF ADOPTING PARTY[CD1]
THIS AGREEMENT
made at (Bombay………)
this day of ............
20...........between A…………. S/o..................... resident of.........................
(hereinafter
referred to as
the Party No.1)
of One Part
and B………….
S/o.........................resident of. (hereinafter referred to as the
Party No. 2) of the Other Part.
WHEREAS
The Party No. 2 has no son, son's son or son's son living and
is desirous of adopting a boy as his son.
The Party No. 2 has approached the Party No. 1, who has three
sons and two daughters to give one of his sons in adoption to him and he has agreed
to give his son C (hereinafter referred to as the adopted child), in adoption
upon the terms hereinafter contained.
NOW IT IS HEREBY AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
The Party No. 2 will adopt C , as his son and he will be responsible
for
the maintenance and education of the adopted child and he
will not lay any claim against the Party No. 1 for expenses incurred by him for
the maintenance and education of the adopted son.
The Party No. 2 hereby agrees to settle his property
hereinafter mentioned in the Schedule hereto (hereinafter referred to as the
said property), and until such settlement, he shall hold the said property as
trustee.
The said property shall be settled upon the following trusts:
Upon trust to pay the income thereof to the Party No. 2 and
his survivor or survivors, during the minority of the adopted child.
If the parents of the adopted child or either of them or any
other person or persons claiming under them, interfere in the reasonable
discretion of the Party No. 2 or his survivor or survivors relating to the
maintenance and education of the adopted child or removes the adopted child
from the custody of the Party No. 2 or his survivor or survivors, then and in
such case upon trust to pay and transfer the said property to the Party No. 2
or his legal heirs or legal representatives absolutely.
If the adopted child remains in the custody of the Party No.
2 and the parents of the adopted child or either of them or other person or
persons claiming under them do not interfere in the reasonable discretion of
the Party No. 2 or his survivor or survivors, then and in such case upon the
adopted child attaining majority, the said property shall be held upon the
trust to pay the income thereof to the adopted child during his life.
After the death of the adopted child, the property shall be
held upon trusts for the children of the adopted child and if the adopted child
dies without leaving any issue, for such purposes as the
adopted child, Party No. 1and Party No. 2 by deed jointly
decide
The Party No. 1 and his wife shall have access to the adopted
child at all times.
IN WITNESS THEREOF the parties hereto have signed this
agreement on the date and year first above written.
WITNESSES
Signed and delivered by the within named A, etc.
Signed and delivered by the within named B, etc.
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