What are the Property Rights of The Live- in Couple and their Children?
Mar 29, 2019 Legal Guidance
Over the years, there has been a lot of discussion and debate on the validity of the relationship of the couple who are in live- in relationship. The matter becomes more serious when their children claim for the rights on the property. In 2015, the Supreme Court of India ruled that if the couples have been living together as live- in couple, for a long time, then they enjoy the equal rights as any other married couple.
The verdict was given when family members contested against their grandfather’s partner who was not married to him but was living with him for more than two decades. The court ruled in favour of their grandfather’s partner.
Under the Hindu Succession Law, Islamic Law or Christian Personal Law, living in relationships is not accepted. To avoid the chances of exploitation, the court resort to section 125 of the Criminal Procedure Code, that safeguards the rights of women in live- in relationships.
The verdict was given when family members contested against their grandfather’s partner who was not married to him but was living with him for more than two decades. The court ruled in favour of their grandfather’s partner.
Under the Hindu Succession Law, Islamic Law or Christian Personal Law, living in relationships is not accepted. To avoid the chances of exploitation, the court resort to section 125 of the Criminal Procedure Code, that safeguards the rights of women in live- in relationships.
Property rights of children born from live- in relationship
The children born from the live- in couple enjoy all the rights of legitimate children. They have all the rights on the self-acquired property of the parents under Section 16.
Even if the parents are estranged after the relationship has ended, the responsibility of the children is still on both parents. Under the Hindu Act, the father will have to pay the maintenance of children while the same is not true under the Muslin Act. However, the children can always claim for the maintenance and their share on the property under Section 125.
The law clearly states, “If any person having sufficient means neglects or refuses to maintain his wife, unable to maintain herself or his illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, a magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child at a monthly rate.”
If a relationship was short lived and a child was born out from the relationship, then the child is not entitled to succeed from his father but from his mother. According to the Supreme Court, the ‘walk in and walk out’ relationship cannot give the status of the marriage.
The child born out of the wedlock and a small term relationship does not have any right on the ancestral property unless stated on the will. However, the children born from a long time live- in couple enjoy the same right on the property as any other legitimate child.
Even if the parents are estranged after the relationship has ended, the responsibility of the children is still on both parents. Under the Hindu Act, the father will have to pay the maintenance of children while the same is not true under the Muslin Act. However, the children can always claim for the maintenance and their share on the property under Section 125.
The law clearly states, “If any person having sufficient means neglects or refuses to maintain his wife, unable to maintain herself or his illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, a magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child at a monthly rate.”
If a relationship was short lived and a child was born out from the relationship, then the child is not entitled to succeed from his father but from his mother. According to the Supreme Court, the ‘walk in and walk out’ relationship cannot give the status of the marriage.
The child born out of the wedlock and a small term relationship does not have any right on the ancestral property unless stated on the will. However, the children born from a long time live- in couple enjoy the same right on the property as any other legitimate child.
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