Anp 14 April 2020

marriage

can people enter into agreement that property of each other will not pass on

Quick Summary

This discussion explores the enforceability of pre-nuptial agreements in India, specifically concerning the protection of individual property. While such agreements are not legally binding in Indian courts, parties can mutually agree to their terms, particularly in the context of a mutual divorce.

5 Replies

Shashi Dhara 14 April 2020

You can but not useful in court .

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Sudhir Kumar, Advocate (Advocate) 14 April 2020

No facts given

this forum cannot solve riddles.

Anp 14 April 2020

thank you so much @Shashi Dhara

Anp 14 April 2020

@ Sudhir Kumar, what I meant is that can 2 people enter into an agreement before marriage stating that each other's property will not pass on to each other after death. can this be upheld in Court

Sayantan Misra 15 April 2020

Hello!
Such pre-nuptial agreements are not legally enforceable in the Courts in India. However, if the parties get a mutual divorce, then they themselves can agree to be bound by such agreement.

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