Habendum Clause Law and Legal Definition

Habendum Clause is a part of an instrument like a will or deed that defines the extent of the interest that is granted or conveyed and the conditions affecting it. These clauses usually begin with the phrase “To have and to hold.” Therefore this clause is also referred to as “to-have-and-to hold clause.”

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.