Shreedhar (R&D Engineer) 30 July 2013

Conditions in sale deed

We are buying a property and we (me and my wife) would like to jointly own the property with
"Tenancy in Entirety", which means

1. Joint tenancy with right to survivorship: Upon the death of one joint tenant, his/her interest
immediately passes to the surviving joint tenants and not to the decedents estate

2. Unlike joint tenancy, tenancy by the entirety does not allow one spouse to convey his interest to a third party. However, one spouse may convey his/her interest to the other spouse. A tenancy by the entirety may only be terminated by divorce, death, or mutual agreement by both spouses. A terminated tenancy by the entirety becomes a tenancy in common.

Can these clauses be put in the sale deed that is executed between the seller(s) and us (the buyers) with these conditions?

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4 Replies

Adv. Nikhil Seth (legal consultant (9867264707)) 30 July 2013

you can add these clause but this shall further reduce rights of your childern in absence of one of the survivor wheres tenancy act is concerned . Its advisable let both name be included as joint name in the sale agreement . It shll be in interst of both of you nd your childern.

Regrds,

Adv. NIKHIL SETH

Mumbai .

Amit Gupta (Advocate) 30 July 2013

Dear Mr. Shreedhar,

this concept is not recognised by indian law. the transsfer of property law governs sale in india. you both can jointly purchase the property and u both will become the coowners of the property. but u cant curtail right of any person. this is called " condition repugnant to the interest created " which means u cant created any conditions repugnant to the title of the owner. he can dispose the property in any manner he or she wishes. further after death of the owner the property will go according to the succession act if there is no will.

regards