Retrospective effective date of agreement

ars (Querist) 01 March 2012 This query is : Resolved
can an agreement be made in current date with retrospective date as the effective date?

that is can i make an agreement today - 1/3/12 by writing in the opening line as " This agreement made on 1/3/2012" and in the clause of validity can I mention that " this agreement shall come in to effect from 1/10/2011 and valid up to 31/03/2013" ?

is it valid in law, if both the parties agree to this ?

pl. revert at the earliest.

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Deepak Nair (Expert) 01 March 2012
Yes. Agreements executed with retrospetive effect are valid in the eyes of law.

R.K Nanda (Expert) 01 March 2012

Dear Client,
Yes,said agreement is valid in law.
Please feel free, if you require more advise, then contact me on Mobile Via Path Legal.

All the Best.

R.K.NANDA - ADVOCATE
DELHI HIGH COURT & SUPREME COURT OF INDIA

Guest (Expert) 01 March 2012
Dear Ars,

If the agreement is to be made effective retrospectively, the language of the agreement should also be so to properly express the said effect.

For example, in the sentence "SHALL come in to effect from 1/10/2011" you mentioned, the word "SHALL" make the agreement void, as it provides for future arrangement, BUT NOT from a back date. So, if you say, "Shall be deemed to have taken effect from 1/10/2011" that can serve your purpose. Moreover, both the parties should be agreeable to the retrospective arrangement.

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Adv.R.P.Chugh (Expert) 01 March 2012
Agreements can be made retrospectively applicable, but these agreements in order to be effective have to be carefully worded.