Property Rights: Even a cohabiting live-in partner can claim a share in the partner’s property. Let’s find out what the rules are.
Usually the assets belonging to a person are passed on to their successors or blood relatives. Some people write a will that dictates how assets will be distributed. It is a legal document. But in the absence of a will, disputes arise between heirs when there is no clear distribution of assets. Courts are approached to find out who gets how much property.
However, a live-in partner can also claim a share in the property. Aradhana Bhansali, the representative of Rajini Associates, has given the details of the rules related to this. According to a Live Mint report.. let’s know her instructions in this regard.
For example, recently a father of two died. Mother passed away 15 years ago. The property of the father was written over the two children. But before his death the father used to cohabit with a woman. She now wants a share in the assets. The Supreme Court has discussed in the previous judgments what kind of legal support she will have in this regard.
The ruling also ruled that children born to partners in live-in relationships can be considered legal heirs. But there is no official law regarding this. The rights of the female partner in a live-in relationship in the assets belonging to the male partner are still unclear.
Eligibility to be Proved : In case of challenge by female co-habitant to father’s will, burden of proving genuineness of will or eligibility of female partner to contest in probate proceeding rests with court. Beneficiaries of the will have to provide necessary evidence to contest the share claim made by her. The court will decide the validity of the claims based on the available evidence. The cohabiting woman has to prove in court the reasons for her eligibility to get a share in the property.
Will she have a share? : Let’s see another example. A man’s wife died. She left her property to her sister and husband. There are no inheritors of property. Will the wife’s sister have a share in the property? The husband is in doubt as to what rights she has as a foreign national.
In this case.. there are two ways in which a person’s property can pass to their legal heirs after their death. When a person dies without writing a will, the laws of succession apply. When a person dies after writing a will, the assets are distributed accordingly. If the wife is deemed to have written the will, in the opinion of the court the will is natural and genuine, is the wife’s sister a foreign citizen? isn’t it is entitled to the property regardless of whether
In India, when a person dies without a will, the distribution of their property is determined by the Hindu Succession Act. This Act divides heirs into two categories Class I and Class II. Class I heirs have priority over Class II heirs in inheriting the deceased’s property. If there are Class I heirs, Class II heirs are not entitled to any share in the estate. The term “preferential heir” is not defined in Indian succession laws.
