Same-sex partnerships: a will is the only way to ensure inheritance
Until same-sex marriages are legally recognised in India, a will is the only way to ensure your partner inherits your assets.
In October 2022, the Life Insurance Corporation (LIC) of India confirmed that there was no bar on policyholders naming their same-sex partners as nominees. The confirmation was made in reply to an RTI query filed by Suchandra Das and Sree Mukherjee, a Kolkata-based queer couple.
After the Supreme Court decriminalised same-sex relationships in 2018, the LIC's reply looked like yet another major step in the right direction. But the truth is, we still have a long way to go before same-sex relationships are accorded the same status of a heterosexual marriage.
Nominee vs Successor
While the LIC has given its nod to making same-sex partners nominees, the catch is, a nominee doesn't mean a successor. In legal parlance, a nominee is just like a caretaker — someone who is entrusted with the policy amount in the absence of the policyholder till his/her legal successor steps in. Once the latter enters the scene, the 'nominee' will have to hand over the money and has no rights over it.
It's not just insurance policies; since same-sex marriages enjoy no legal validity in India, lesbian/gay couples are not recognised as spouses, and this leaves them with no inheritance rights. So, is there a way to ensure that your same-sex partner becomes your legal successor? Yes, you can write a will, bequeathing your legacy to them.
Same-sex marriages and Special Marriage Act
In India, marriages are governed by an individual's religion — Hindu Marriage Act 1955, Muslim Marriages Act 1939, etc. There's also a Special Marriage Act (SMA), which is what inter-faith marriages are registered under. Because of its secular nature, most same-sex marriage supporters feel that SMA is ideal for initiating the change.
Include same-sex partners in your will
Until such relationships are legally approved, the only way to ensure that your partner inherits your assets is by including them in your will. If you have any queries, contact EasyInherit, India's first full-service digital inheritance specialist.
Talk to a specialist about your specific situation.
Whether you're drafting your first will, navigating succession, or claiming an inheritance — our team will guide you through the next step.
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