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HABENDUM CLAUSE

The portion of a deed to real property that begins with the phrase To have and to hold and that provides a description of the ownership rights of the transferee of such property.

Whereas a granting clause contains the words of transfer of an interest, a habendum clause defines the estate granted and declares the extent of the interest conveyed. For example, such a clause might say:"To have and to hold the premises herein granted unto the party of the second part, and to the female heirs of the party of the second part forever." This particular habendum clause qualifies the estate granted by limiting its inheritability to the female heirs of the grantee.