Inheritance and Legitimacy Rights of Children Born from Live-in Relationships

One of the most common concerns we hear from unmarried and live-in couples is about their children's legal standing — whether a child born outside a formal marriage can be treated as "illegitimate," and what that would mean for inheritance. The law in this area has evolved considerably, though it remains more fact-sensitive than many people expect.

The presumption of marriage from prolonged cohabitation

Indian courts have long recognised a presumption: where a man and woman cohabit continuously for a long period as husband and wife, the law presumes they were validly married, placing the burden on anyone disputing that presumption to rebut it with strong evidence. This presumption — reaffirmed in cases such as Tulsa v. Durghatiya — has been a significant route by which children of long-term, stable live-in relationships have been treated as legitimate.

Legitimacy and inheritance under Section 16, Hindu Marriage Act

Section 16 of the Hindu Marriage Act, 1955 expressly protects the legitimacy of children born of void or voidable marriages, and the Supreme Court — notably in Revanasiddappa v. Mallikarjun — has taken an expansive view of this provision, holding that such children are entitled to a share in their parents' property. Courts have extended related reasoning, with appropriate care on the facts, to children born of long-term relationships that meet the "nature of marriage" threshold discussed in our companion article on live-in relationships.

Where real uncertainty remains

This is a genuinely evolving area of law, and the extent to which a child's inheritance rights extend to ancestral or coparcenary property — as opposed to a parent's self-acquired property — has been the subject of continuing judicial debate. The outcome in any given case turns heavily on the specific facts: the duration and nature of the parents' relationship, the existence (or absence) of a presumption of marriage, and the character of the property in question. This is not an area where a general article can substitute for advice on your specific facts.

Maintenance rights stand on firmer ground

Separately from inheritance, a child's right to maintenance from their biological parents is on much firmer and more settled footing, and is generally not made contingent on the parents' marital status. This is one area where the law is considerably less ambiguous than the inheritance question above.

Practical steps for parents

Naming both parents on the birth certificate, formally acknowledging paternity where relevant, keeping clear records of the relationship's duration and nature, and updating wills and nominations to expressly provide for the child are all practical steps that reduce the scope for dispute later — regardless of how the broader legal questions eventually settle.

Our approach

Given how fact-dependent this area is, we work closely with clients to document their family circumstances properly and to advise on the specific inheritance and legitimacy position that applies to their situation, rather than relying on general assumptions.