Succession Laws and Live-in Relationships: Challenges and Legal Reforms

Written by Prachi Bansal

Introduction

Live-in relationships, where couples live together without being married, are becoming more common in India. These relationships, however, raise significant legal questions, especially regarding succession laws. Succession laws determine who inherits a person’s property after their death. In traditional marriages, these laws are clear. But for live-in relationships, the lines blur, leading to challenges and a call for legal reforms.

Understanding Live-in Relationships in India

Live-in relationships in India are not illegal, but they exist in a grey area of the law. The Supreme Court of India has recognized live-in relationships as valid, giving couples some protection under the Domestic Violence Act, 2005[i]. However, when it comes to succession laws, live-in partners face numerous challenges due to the lack of explicit legal recognition.

Challenges in Succession Laws for Live-in Relationships

1. Lack of Legal Status: Live-in relationships do not enjoy the same legal status as marriages in India. This absence of recognition complicates the application of succession laws, which are primarily designed for married couples. For example, under the Hindu Succession Act, 1956[ii], the rights of inheritance are clear for spouses and children. Live-in partners, however, are often excluded from these rights.
2. Property Rights: In a marriage, spouses have clear rights to each other’s property. In a live-in relationship, these rights are ambiguous. If one partner dies intestate (without a will), the surviving partner may not have any legal claim to the deceased’s property. This situation can lead to disputes and the surviving partner being left without any support.
3. Proving the Relationship: One of the biggest challenges is proving the existence of a live-in relationship. Unlike marriage, which is documented, live-in relationships often lack official records. Courts have to rely on evidence such as joint bank accounts, shared leases, and testimonies from friends and family. This process can be lengthy and contentious.

Legal Framework

1. Hindu Succession Act, 1956: This act governs the inheritance of property among Hindus. It provides clear guidelines for succession in the case of married couples but does not specifically address live-in relationships.
2. Indian Succession Act, 1925: This act applies to individuals of various religions, excluding Hindus, Muslims, Buddhists, Sikhs, and Jains, and outlines the rules for succession. Similar to the Hindu Succession Act, it does not provide clear guidelines for live-in relationships.
3. Protection of Women from Domestic Violence Act, 2005: This act provides some protection to women in live-in relationships by recognizing them as “relationships in the nature of marriage.” However, it does not address succession issues directly.

Legal Reforms Needed

1. Legal Recognition: The first step towards addressing these challenges is providing legal recognition to live-in relationships. This recognition would help extend similar inheritance rights to live-in partners as those enjoyed by married couples. Countries like France and Australia have legal frameworks recognizing live-in relationships, offering a potential model for India.
2. Clear Guidelines for Succession: Clear guidelines need to be established regarding the succession rights of live-in partners. This includes amending existing laws or introducing new legislation that explicitly includes live-in partners as heirs. The guidelines should also outline the criteria for proving the relationship, reducing the ambiguity and potential for disputes.
3. Simplifying the Process: Simplifying the process for live-in partners to claim inheritance rights is crucial. This can involve creating a registry for live-in relationships, similar to marriage registration. Such a registry would provide official documentation, making it easier for the surviving partner to claim their rights.

Notable Cases

1. Indra Sarma v. V.K.V. Sarma (2013): In this landmark case, the Supreme Court held that a live-in relationship that is “in the nature of marriage” could be recognized under the Domestic Violence Act. This case highlighted the need for broader legal recognition and protection of live-in relationships.
2. S. Khushboo v. Kanniammal & Anr. (2010): The Supreme Court ruled that live-in relationships are permissible and fall under the right to life and personal liberty. This judgment reinforced that adults have the right to live together without societal or legal interference, though it stopped short of addressing succession issues.
3. Payal Sharma v. Nari Niketan (2001): In this case, the Allahabad High Court held that a man and a woman living together without marriage cannot be construed as an illegal act. This ruling further supported the legality of live-in relationships, albeit without addressing the complex issue of inheritance.
4. Lata Singh v. State of U.P. (2006): The Supreme Court held that live-in relationships are not a criminal offense and fall under the right to personal liberty. This case further reinforced the legitimacy of live-in relationships but did not address succession.
5. Badri Prasad v. Dy. Director of Consolidation (1978): In this early case, the Supreme Court held that a long-term live-in relationship could be considered a valid marriage unless proven otherwise. This case opened the door for the recognition of long-term live-in relationships, though it focused more on marital recognition than succession rights.

Conclusion

The increasing prevalence of live-in relationships in India necessitates a re-examination and reform of existing succession laws. Legal recognition of these relationships and clear guidelines for succession would protect the rights of live-in partners, ensuring they are not left vulnerable after the death of their partner. Such reforms would reflect the evolving social dynamics and ensure that the law keeps pace with changing societal norms.