• Adoption of major child

I am father of a single male son who is 32 years old.He got married and settled in USA.I am having a family business which is 52 years old and still continuing and run by me.Now I am 60 years old.As my son is not interested to come back to India and take over the business,I am planning to adopt a major girl who is well educated,intelligent from relatives or family friends who are known from childhood and groom her as my legal heir to the business.I found one girl from one of our family friends.She is also single child to them.Now,I want to know the correct legal procedure and necessary documents required to do this adoption legally.I request you to give me your valuable suggestions.Can I write a WILL later sharing my properties between my biological son and adopted daughter?
Asked 4 days ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

14 Answers

You cannot adopt major girl 

 

for valid adoption under HAMA Age of the child should not be more than 15 years

 

3)If a male wants to adopt a daughter, he should be at least 21 years older than the adoptive daughter

 

4) you can execute will bequeathing properties between your son and the girl 

Ajay Sethi
Advocate, Mumbai
97329 Answers
7863 Consultations

Following  are conditions for adoption under Hindu Adoption and Maintenance  Act…

  1. Consent of wife is necessary.
  2. Age of adoptive childe must not be more than 15 years. Section 10 (iv).
  3. If the adoption is by single made, there should gap of 21 years between adoptive male and child.
  4. A single child of cannot be adopted.

A major child cannot be adopted.

Ravi Shinde
Advocate, Hyderabad
4318 Answers
42 Consultations

You cannot adopt major girl even with the biological parents consent 

Ajay Sethi
Advocate, Mumbai
97329 Answers
7863 Consultations

 

Adoption of a major child under Hindu law is not legally permissible in India. The Hindu Adoption and Maintenance Act, 1956 (HAMA) allows adoption only for minors (below 18 years of age). However, there are alternative legal routes to achieve your objective of making her a legal heir and giving her rights in your property or business. Here's what you can do:

1. Adoption of a Major Person is Not Permissible

  • The law only allows adoption of a child below 18 years, and only by fulfilling other conditions like the adoptive parent's eligibility and absence of living children of the same gender.

2. Alternative Legal Options


  • Make Her a Successor through a Will: You can execute a Will specifying that she will inherit a share of your business and property after your lifetime. A Will ensures legal transfer of your assets as per your wishes.

    • A Will can be registered with the sub-registrar for added authenticity.


  • Gift Deed: You can transfer ownership of specific assets or shares in the business to her during your lifetime through a registered gift deed.

  • Partnership Agreement: You can induct her into the business through a partnership agreement, assigning her an appropriate role and share in profits. This makes her a legal stakeholder in the business.

  • General Power of Attorney (GPA): Grant her legal authority to manage and act on behalf of the business.

3. Consent Documents

  • If the girl's parents and the girl herself are consenting, they can provide affidavits confirming their understanding and consent to her becoming your legal heir or successor in the business. While this does not amount to legal adoption, it strengthens the arrangement.

4. Rights of Your Biological Son

  • As per Hindu Succession Act, your biological son will have a right to your ancestral property, if any. However, your self-acquired property can be distributed as per your Will.

5. Necessary Documentation

  • Draft and register a Will detailing the inheritance and rights.
  • If gifting property or assets, execute a registered gift deed.
  • For partnership in business, execute a formal partnership agreement.
  • Retain affidavits from all consenting parties for clarity and transparency.

6. Conclusion

While you cannot legally adopt a major girl, the above methods provide legal ways to make her your heir and involve her in your business.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
392 Answers

Yes you can adopt her by consent of parents with valid adoption deed. But you need to follow the adoption law under which you are adopting her. If it’s under Hindu adoption law then the regulations of same will be applicable to you and the difference of age category will be applicable 

Prashant Nayak
Advocate, Mumbai
32737 Answers
209 Consultations

After attaining majority no person can be lawfully adopted. 

Yes minor girl child can be adopted with the consent of the biological parents  and permission from court .

Devajyoti Barman
Advocate, Kolkata
23299 Answers
520 Consultations

Any consent given in violation of provision of law is not a valid consent. 

Ravi Shinde
Advocate, Hyderabad
4318 Answers
42 Consultations

No, in most jurisdictions, you cannot legally adopt a major (adult) girl as a single father, regardless of your personal circumstances; adoption typically applies to minors only and laws usually prevent adults from being adopted.

Adoption is primarily for children who are considered minors under the law, meaning you cannot legally adopt an adult woman.

While some places allow single parents to adopt, there might be restrictions based on the child's gender, with single men often facing limitations in adopting girls due to potential exploitation concerns. 

Besides, the Hindu Adoption and Maintenance Act, 1956 does not permit the adoption of a major by another major, unless there is a proven custom or usage that allows.

T Kalaiselvan
Advocate, Vellore
87527 Answers
2349 Consultations

Adoption is primarily for children who are considered minors under the law, meaning you cannot legally adopt an adult woman.

While some places allow single parents to adopt, there might be restrictions based on the child's gender, with single men often facing limitations in adopting girls due to potential exploitation concerns. 

T Kalaiselvan
Advocate, Vellore
87527 Answers
2349 Consultations

You can't adopt an adult girl child or an adult girl. Because of your age pattern and no family member in your family.

 

You can gift your property to anyone you wish. 

Ganesh Kadam
Advocate, Pune
12997 Answers
263 Consultations

- As per Section 10 of HAMA , no person shall be capable of being taken in adoption unless he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.

- Hence, a major cannot be adopted by another major, unless there is a custom or usage that permits such adoption of majors.

Mohammed Shahzad
Advocate, Delhi
14706 Answers
224 Consultations

Dear Sir,

Here’s how you can legally proceed with your adoption and property planning under Hindu law:

Adoption of a Major Girl

  1. Legal Bar on Adoption of Major Persons:
    Under the Hindu Adoption and Maintenance Act, 1956, a person cannot adopt a major child. Adoption is only permissible for minor children (below 18 years of age).

  2. Alternative Legal Arrangements:
    Since adoption is not legally permissible in this case, you can achieve your objective through the following options:


    • Nomination: You can nominate the girl as your successor in your business documents or agreements.

    • Employment Agreement: Formally employ her in your business and gradually train her to manage it.

    • Will and Gift Deed:

      • Execute a Will to allocate a portion of your property and business assets to her.
      • Alternatively, you can execute a gift deed for specific assets during your lifetime.

  3. Consent from All Parties:
    While adoption is not legally viable, you can document consent from the girl and her parents regarding her role and share in your business and property to avoid disputes later.

Writing a Will

  1. Validity of Will:
    You can divide your assets, including your business, between your biological son and the girl you intend to groom as your heir through a Will.

    • The Will should be specific about asset distribution.
    • It should be signed in the presence of two witnesses and ideally registered to ensure enforceability.

  2. Conditions in the Will:
    You can specify terms for the girl’s involvement in the business and her inheritance rights to avoid ambiguity.

Legal Procedure and Documentation


  • Legal Heirship Declaration: If the girl is to be considered a legal heir, ensure formal declarations or agreements clarify her role and future stake in the business.

  • Agreement on Business Succession: Create a written agreement naming her as a successor, which can be notarized for legal strength.

  • Consent Affidavit: The girl and her parents can provide affidavits stating their consent and understanding of the arrangement.

Conclusion

While you cannot legally adopt a major girl, structuring your intentions through proper legal agreements, a Will, or a gift deed can achieve your goals. Consulting a lawyer for drafting these documents is advisable to ensure compliance with applicable laws and avoid future disputes.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
116 Answers

No. Maximum age of adoption is 12 years. 

Siddharth Srivastava
Advocate, Delhi
1438 Answers

Dear Client,

Under Indian law, 
the adoption of a major is not allowed under HAMA, 1956 (Hindu Adoption and Maintenance Act) or any other relevant personal law. Adoption is possible only for minors, and for adoption, one must be less than 18 years oldBut yes, you can legalize the arrangement by making her your legal heir through other legal documents. You may make a registered WILL or a gift deed in favor of the girl conveying certain rights or propertyMoreover, you can also give her your business by nominating her in your WILL or through a family settlement deedThat way, she inherits the business and gains its management legally after your deathCreating a registered WILL is legally valid for the division of your property between your blood son and the adopted onewhere the share of each is given. Consult an advocate and make the necessary documentation of the same, so your wishes get successfully and legally executed. If you need any assistance with regard to drafting or further clarification is needed, please let me know.

Anik Miu
Advocate, Bangalore
10316 Answers
121 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer