October 18, 2023: The Supreme Court on October 17, 2023 did not legally and formally recognise same-sex marriages in India, pointing that it was the legislature’s prerogative. While this has an impact on the social acceptance part, it also has an impact on things related to real estate ownership.
Joint home loans
In India, only blood relatives or legally married couples can apply for joint home loans. As same-sex marriages are not recognised, proof of relationship, a mandatory document for joint home loan cannot be shown and hence, same-sex couples cannot apply for joint home loans.
Joint property ownership
In the absence of a legal identity to the same-sex marriages, such couples cannot jointly own a property. In India, while family members can own joint properties, same-sex couples can only be treated as individual co-owners of the property and not as couple joint owners.
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InheritanceÂ
Indian Inheritance laws are based on personal laws of the religion followed. The Hindu Succession Act, that is applicable to Hindus, Buddhists, Sikhs and Jains, doesn’t identify same sex marriages and hence same-sex marriages under these religions are legally ineligible for automatic inheritance rights. Likewise, Muslims, Christians and Parsis also do not recognise same-sex marriages leading to no inheritance rights.
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