Introduction
In India, marriage has long been seen as the foundation of family life. The legal system surrounding marriage comes with a range of rights, responsibilities, and protections—especially concerning property, inheritance, and maintenance. Yet, as society changes, live-in relationships and partnerships outside of marriage are starting to gain acceptance. This shift raises an important question: what property rights do partners in these arrangements have, especially when we compare them to those of spouses in legally recognized marriages? This article takes a close look at property rights in live-in relationships and for unmarried partners, exploring the current legal landscape in India, relevant court rulings, comparative insights, and ideas for reform.
The Concept of Live-in Relationships
A live-in relationship is essentially when two adults choose to live together and share their lives without tying the knot legally. Unlike traditional marriage, this kind of arrangement doesn’t come with any formal legal recognition. In the landmark case of Khushboo v. Kanniammal (2010) 5 SCC 600, the Supreme Court acknowledged live-in relationships as valid and part of the “right to life” under Article 21 of the Constitution, as long as both partners are of legal age and consent to the arrangement. In the same case, the Court emphasized that live-in relationships are included in the “right to life and liberty” under Article 21. While they may face social stigma, they are not considered illegal.
Legal Recognition of Live-in Relationships in India
- India lacks particular legislation or an explicit provision for live-in relationships. But, providentially, the judiciary and some statutes have gradually woven out protections:
1. Protection under the Domestic Violence Act, 2005
- Section 2(f) of Protection of Women from Domestic Violence Act (PWDVA), 2005 recognizes a “relationship in the nature of marriage”. This allows women in live-in relationships to access protection from abuse and maintenance and residence rights.
- In D. Velusamy v. D. Patchaiammal (2010) 10 SCC 469, the Supreme Court laid down conditions for a live-in relationship to qualify as a “relationship in the nature of marriage”:
i. Both parties must appear to the public to be akin to spouses.
ii. They must be of legal age and otherwise eligible to marry.
iii. They must voluntarily cohabit and live together for a significant period.
iv. Casual or sexual convenience relationships are excluded.
2. Legitimacy of Offspring
- By virtue of Article 16 of the Hindu Marriage Act,1955 (HMA), the Court held in Tulsa v. Durghatiya (2008) 4 SCC 520, that children born out of live-in relationships are legitimate and inherit the property of their parents.
3. Laws of Inheritance & Succession
In essence, laws of succession in India are inextricably linked with marriage recognized by law. Thus it doesn’t have any property right for unmarried partners.
Property Rights of Partners in Live-in Relationships
1. Self-acquired Property
• Each partner keeps ownership of their self-acquired property unless they have joint ownership or have contributed together. For example, if both partners buy a house together, they each have rights based on how much they contributed, which should be noted in the title deed or their financial input.
• If there’s no joint ownership, one partner can’t claim rights to the other’s self-acquired property, unlike a legally married spouse who might have inheritance rights.
2. Right to Residence
• The PWDVA grants a woman in a live-in relationship the right to live in a shared household, even if she doesn’t hold legal title or ownership.
• However, this right is more about protection than ownership. It simply ensures that a woman can’t be kicked out by her partner.
3. Maintenance & Financial Support
• Courts have recognized the right to maintenance under Section 125 CrPC and the PWDVA for women in live-in relationships that resemble a “relationship in the nature of marriage.”
• In the case of Chanmuniya v. Virendra Kumar Singh Kushwaha (2011) 1 SCC 141, the Supreme Court ruled that women in live-in relationships are entitled to maintenance under Section 125 CrPC to avoid financial hardship.
4. Inheritance and Succession
• According to the Hindu Succession Act of 1956, a partner in a live-in relationship isn’t considered a “spouse” or “heir,” so they don’t automatically inherit the other’s property.
• However, children born from live-in relationships are recognized as legitimate and have full inheritance rights to their parents’ property.
• A partner can only inherit if they are specifically mentioned in a will or other legal document.
Rights Over Property of Non-Live-in Partners
With partners having a romantic relationship, but not living together:
• There is no statutory protection like in the PWDVA.
• Distribution of property, per se, follows the principles of general law: property law, contract law, and law of equity.
• A partner making any financial contribution towards the acquisition of the other’s property (in terms of money or investments or purchase) could claim rights by virtue of contractual arrangements or under the Indian Contract Act of 1872.
• Otherwise, no property or inheritance rights are available.
Property Rights Issues Concerning Co-habitating Partners
1. Lack of Enactment Recognition
Unlike marriage, live-in relationships do not acquire any codified laws regarding either property division or inheritance.
2. Societal Stigma
Even though the law acknowledges it, social stigma still gets in the way of treating partners in these relationships equally.
3. Ambiguity in Enforcement
Rights related to maintenance and residence are largely influenced by how the courts interpret whether a relationship can be considered “in the nature of marriage.”
4. Exclusion from Succession Laws
Laws like the Hindu Succession Act and Indian Succession Act leave out live-in partners, which creates a lot of uncertainty.
Suggestions for Reform
Here are some suggestions for reforming live-in relationships:
1. Statutory Framework for Live-in Relationships – We should create a specific law, similar to civil unions, that acknowledges the rights and responsibilities of partners, covering aspects like property and inheritance.
2. Cohabitation Agreements – It would be beneficial to encourage couples to draft cohabitation agreements that clearly outline their financial and property arrangements, which would be enforceable under the Contract Act.
3. Amendments to Succession Laws– Live-in partners should be recognized as legal heirs under certain conditions, much like those in dependent categories.
4. Awareness & Social Acceptance – For judicial recognition to be effective, we need to back it up with social awareness campaigns aimed at eliminating stigma and fostering equality.
Conclusion
Live-in arrangements and extramarital partnerships reflect the changing social fabric of India. The judiciary has stepped in to grant some rights to women and children, while in contrast, property laws remain blatantly underdeveloped. Individuals in live-in relationships do not inherit house rights automatically, and therefore rights generally conferred on them include maintenance, residence, and protection from abuse.
The lack of a codified law adds to the confusion and has rendered individuals vulnerable. It is about time that India adopt a well-balanced law earmarking the property and succession rights of live-in partners, balancing social values and individual freedom.
With the evolution of personal relationships, justice demands that the law itself should evolve to guarantee justice, equality, and dignity for one and all partners-whether married or not.
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