As societies modernise, the meaning of the word ‘relationship’ has evolved. While, earlier, marriage was the foundation of a relationship between a man and a woman, the concept of live-in relationships has now taken root in many societies. The number of people opting for live-in relationships instead of marriage, especially in cities, has only increased.

But, apart from mental conditioning, a big factor that people who opted for a live-in relationship had to consider was the legal aspect - would their partner, or their children, have the same inheritance rights as legally married couples? Was their union even legally recognised?

What The Law Says About Live-In Relationships

The Supreme Court, in a landmark judgment in 2010, for S Khushboo vs Kanniammal, upheld that live-in relationships fall within the purview of the right to freedom of speech and expression contained in Article 19 of the Constitution of India, and that two major heterosexual people living together is neither illegal nor unlawful.

Besides, Article 300A of the Constitution provides that any person shall not be deprived of property, except by authority of law, including couples in a live-in relationship, who will have the right to inherit each other's property.

However, the legalisation of live-in relationships has brought with it many new issues, which include deciphering the rules around succession and inheritance of property, as these laws are yet to catch-up with the Court’s ruling.

Even today, due to customary patriarchal inheritance, women have had to fight to get their fair share when it comes to property. And this becomes even more complicated in the case of live-in relationships where, although now legitimised by law, it is still not accepted by society at large. Besides this, transfer of property to children of live-in partners becomes particularly complex in cases of intestate succession (without a Will).

The Law Is Not Clear Cut

In the case Parayankandiyal Eravath Kanapravan Kalliani Amma v K Devi, AIR 1996 SCC  (4) 76, the Supreme Court held that children who are born out of relationships other than legally valid marriages should be recognised as legitimate.

As these two cases suggest, while things are changing, and the rules surrounding live-in relationships are evolving, there are still gaps that everyone should be made aware of.  Armed with this knowledge, the case for making a Will, especially for those in live-in relationships is quite straightforward. A Will ensures you can leave your legacy behind to the person you intended - whether the law provides for them or not.

The Bottom Line

While live-in relationships are becoming increasingly popular with the next generation, changing the law takes time. It is therefore better to be prepared for any and all circumstances and a Will is just the tool to help you do that.

Get started today from the comfort of your own home on the Yellow app.

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