Adoption

Querist : Anonymous (Querist) 21 May 2018 This query is : Resolved
can a male above 85 yr adopt a person of 50 yr. adoptee"s father & mother died.but since 5 yrs such 50 yr grown up person is living with such 85 yr old man.
can he adopt him now or not ?
thanks in anticipation

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Kumar Doab (Expert) 21 May 2018
Pls post with your ID and not as AQ you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.

Ms.Usha Kapoor (Expert) 22 May 2018
A 85 year old man cannot adopt a 50 year old person if the younger person is above 15 years according to Hindu Adoption and Maintenance Act. The boy should be either less than 15 years old or attained 15 years.

Sudhir Kumar, Advocate (Expert) 22 May 2018
further you have not stated how the person are related. one cannot adopt a child whose mother could not be married to him.

further a married person cannot be adopted.

Vijay Raj Mahajan (Expert) 22 May 2018
The person of the age 85 years can always make Will in favour of the person aged 50 years for making him beneficiary of all the estate/property./wealth owned by him, nothing wrong in that. During the lifetime too the person 85 years can transfer share in his immovable property as gift to person 50 years old and after the death this person can be owner of complete 100% immovable property. The bank accounts of 85 years old person can be made into joint bank account with 50 years old person anytime.
There is no need to worry and go in for adoption process which otherwise will not be legally possible.

Ms.Usha Kapoor (Expert) 22 May 2018
Under Hindu Adoption and Maintenance Act a married person of 15 years or slightly more can be adopted.But not a 50 years old person to be adopted.

P. Venu (Expert) 22 May 2018
Yes, the intended purpose could be achieved by executing the Will as suggested.

Kumar Doab (Expert) 22 May 2018
Which personal law is involved?
It is not made clear.
Is IT that all involved are Hindu?
The situation may differ..
If say; Christians; foster care..might have been sought..
In nay case WILL (preferably registered) and subsequent to medical examination that testator is of sound mind to understand what is being disposed off by WILL
and/or settlement deed with life rights...
Gift deed with proper narration

can be perspectives..

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