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Adoption

Adopting an Adult Nephew as Son

I am 60 yr old and my wife 55 yr old. We are issueless and want to adopt my nephew aged 31 yr as our son. What are the rules and regulations governing this ? Kindly advise how to go about it. Thanks and regards.

( Bangalore, Karnataka )

1 month ago

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A.
Dear Sir,
You cannot legally adopt a person who is aged more than 14 years. However, you may treat such son as foster son and make your properties in joint names of yourself and foster son so that he may look after you properly. Please think twice before executing any documents.
Kishan Dutt Kalaskar Advocate Kishan Dutt Kalaskar
Kishan Dutt Kalaskar
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A.
Dear Client,
Only a person under 18 years of age can be legally adopted in India. The maximum age for a single parent to adopt is 55 years, and the maximum composite age for a couple is 110 years. According to Section 4(a) of the Hindu Adoption and Maintenance Act,1956, the age of majority is 18, but if a person is under the care of a guardian, the age of majority increases to 21 years. So, when your nephew's age is now 31 years old, his adoption is out of the ambit of the governing Act. However, for a valid adoption, the ceremony of give and take is equally important and must be proven to have occurred in the presence of witnesses. Even if there is no registered document or deed of adoption to show that adoption has taken place, but there are witnesses to prove that the adoption ceremony took place, then it's a valid adoption. If such a ceremony for adoption was held in your case, then such adoption is a valid adoption if it is supported by academic records and an Aadhaar card/PAN/Voter ID/Driving License, etc, showing the name of the adoptive father. It is recommended to consult with an experienced Advocate for tailored advice and steps.
S. K. Dutta Advocate S. K. Dutta
S. K. Dutta
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A.
Dear Client,

In India, adoption of an adult, including a 31-year-old nephew, is not legally recognized under the Hindu Adoption and Maintenance Act or other personal laws, as adoption is only permitted for minors.

However, you can still ensure that your nephew inherits your property and assets by naming him as your legal heir in a registered will, and you can also transfer assets through gift deeds or nominations for insurance, bank accounts, and other financial matters. While you cannot legally adopt an adult, these alternatives can help you secure his rights and establish a relationship similar to that of a son.

It is advisable to consult with a legal expert to ensure all documents are properly drafted and executed.
Gourab Das Advocate Gourab Das
Gourab Das
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