Friday, January 25, 2008

LIVE IN PARTNER CAN BE A SUCCESOR


Setting a precedent, the Supreme Count of India has granted succession certificate to a woman after the death of the man she was living with and despite the fact that his legally wedded wife was alive.

This gives a new twist to the concept of line in relationship.

In the past, the court had repeatedly shown inclination to assume valid marriage between a man and a woman who lived together as husband and wife for long years without specifying the inheritance rights of the woman in such a relationship.

In this judgment, the court gave succession certificate to the live in partner on the ground that the children born out of the relationship were legitimate disregarding the fact that man had a legally wedded wife, who never lived with him.

A living person who is proved as a person of confidence for P.F., pension and other dues, is preferable even to the legally wedded wife..

The judgment is revolutionary in so far as the un-wedded wife till now was being denied any rights of succession against the legally wedded wife.

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