News India Live, Digital Desk: Legal questions: The Indian Constitution or Hindu Marriage Act does not consider the relationship between a girlfriend and a lover as a legitimate marriage. But the Supreme Court has said in several decisions that live-in (cohabitation) is constitutionally acceptable. (For example, in Indra Sharma vs. VKV Sharma (2013), the court admitted that living together for a long time can be considered as a relationship with marriage.)
Now let’s talk about the right to property. A girlfriend or boyfriend has no legal right over each other’s personal property. Provided the property is jointly purchased, or some kind of written agreement.
Now let’s see an example: If someone is in the name of a flat lover and the girlfriend lives in that flat, he has no legal right. Until his name is registered simultaneously. In short, if both of them together bought any property and the documents are in the name of both, they may have authority over it.
Shared investment and gifts: If both have bought property together and both have names on the document, both have equal rights. If a person gifts an expensive object/property to another person, then he becomes the personal property of the recipient.
Live-in partner’s security: As per the Protection of Women from Domestic Violence Act, 2005, girlfriends are provided protection from domestic violence. If the relationship is “of the nature of marriage”, the court can order maintenance. But this right is available only to women. Men do not get such protection. Successor: Girlfriends or boyfriends are not a legal heir to each other’s wealth, until a will has been made or they are married.
Possibility of fraud, forgery and legal dispute: If there is fraud in relation to property or money (example: Girlfriend lured money), then the lover can file a case of fraud/betrayal – but it will require concrete evidence.
If you are investing in a property or living with your girlfriend/boyfriend, then to avoid future complications: buy the property by shared name, prepare a cohabitation agreement, create a clear will. (Disclaimer: If you have a specific case, it is appropriate to consult a legal specialist (lawyer). The information given here is only based on court decisions and articles. If you want to know about any case, you can consult a suitable lawyer.
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