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Vikram Chandra (Advocate)     07 August 2008

Adoption / Change of Name

Hi !

    The deceased 'x' being hindu got married a muslim lady and subsequently died issueless, then the widow of 'x' adopted a female child gave her the name as 'Mahboobunissa' and brought her up and performed even the marriage with the muslim groom as per the muslim customs. Further, as the deceased 'x' was with Government Department on Compassionate grounds the widow got appointment and her name in the official records is 'Tara Bai'.

     Now, the said 'Tara Bai' i.e., widow having crossed the age of 50+ want to give the details of her adopted child and bring them officially on record for all future benefits but the officials of the Government Department are refusing to enter the name of the adopted child i.e., 'Mahboobunissa' in to their official records as the name of the widow is 'Tara Bai' and her daughter's name is 'Mahboobunissa'. What is the remedy left over to 'Tara Bai' to bring her daugther's name i.e., 'Mahboobunissa' into the official records.

regards.



Learning

 2 Replies

Dinkar Vidyarthi (Advocate)     07 August 2008

If Officials not allowed for the same then she shall first got a registered adpotion deed in the registry office of her native place then make a will which one olso get registered in favour of her adopted child. but in last not least you don't tell the age of both the parties of adoption.

Vikram Chandra (Advocate)     08 August 2008

Dear Vidyarthi,


       Thanx for your reply, the age of the adopted girl is about 28 years and the mother is aged 50+. I don't think that she can now register an adoption deed as the girl has crossed 15+ age and it is mandatory under the law that the adoption must be before 15 years of age.


regards.


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