Insertion of special clause in the Sale Deed
2 years ago
Request your input
We (me and my husband) want to purchase a flat in Uttar Pradesh under both our names. While preparing the sale deed, we want to include a clause, which states that -
“The both purchasers have declared that under any circumstance(s) of the demise of any of the owner/purchaser of the flat, the share/right(s) of the demised party of the flat would automatically belong to the other living party. Till either of the parties are alive, none of the family members can claim any right on this property. “
I would request your input on - If we include the above clause in the sale deed,
1. Is it admissible as per law.
2. Can this above clause be contested for an annulment in the court by any family member?
3. Also, if anyone can suggest a better legal way to write the same, where the meaning/aim of the above para is maintained.
My answers are as follows:
1. Is it admissible as per law.
Ans: Instead of including such clause you may execute a Will in favour of each other and say that 50% of your respective shares may devolve on surviving spouse. Thus, it can exclude the rights of parents and legal heirs of deceased spouse.
2. Can this above clause be contested for an annulment in the court by any family member?
Ans: It cannot be considered and contested for annulment.
3. Also, if anyone can suggest a better legal way to write the same, where the meaning/aim of the above para is maintained.
Ans: As answered to your question number one, you may use such wordings.
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Yes, the phrase applies in accordance with Indian legal rules. There's a little chance it'll be challenged for annulment by a family member. The wordings are excellent; nevertheless, rather than creating such a legal instrument fully on one's own, it is recommended that one consult a trained advocate.
Thank you very much.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Yes, the clause is applicable as per the legal provisions that exist in the laws of India. No there is less chance of it being contested for annulment by any family member. The wordings are fine, however, it is advised to consider consulting a learned advocate for drafting such a legal instrument rather than doing it entirely on one's own.
Thank you.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
2)As the inclusion of that clause in the Sale Deed has no legal value so shall not influence the Succession Law in any manner whatsoever.
3) It is necessary to make Joint Will after such purchase.
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