Pre - nuptial agreement
Guest
(Querist) 15 September 2012
This query is : Resolved
Is a Pre - nuptial agreement valid in India? If the parties to the marriage satisfy all the requirements of a valid contract and enter into a contract agreeing not to claim any share in the property of each other, will it be a valid contract?
Adv.R.P.Chugh
(Expert) 15 September 2012
No - In India any agreement that makes a person give up his legal right is considered as null and void & against public policy. You may call it illogical - but Indian Law does not allow a person to give up his statutory rights by a contractual arrangement. There is no complete freedom of contract, the state enters the fore where legal rights are sought to be interfered with. Such agreement wont have any force or validity in Indian Courts, just a persuasive value on SOME matters.
Bharat Chugh - Advocate Supreme Court of India
Guest
(Querist) 16 September 2012
thank you Adv. Bharat Chugh.
