Domestic Partnership Agreement - Template, Sample Form Pro · IN-law

DOMESTIC PARTNERSHIP AND COHABITATION AGREEMENT

This Domestic Partnership and Cohabitation Agreement ("Agreement") is made and executed on this ________ at ________, in the State of ________.

BY AND BETWEEN

________, son/daughter of ________, aged about ________ years, holding government identification ________, residing at ________ (hereinafter referred to as the "First Partner");

AND

________, son/daughter of ________, aged about ________ years, holding government identification ________, residing at ________ (hereinafter referred to as the "Second Partner").

(The First Partner and the Second Partner are individually referred to as a "Party" / "Partner" and collectively as the "Parties" / "Partners" / "We" / "Us".)

RECITALS

WHEREAS the Parties are each other's sole domestic partner and the domestic partnership between Us commenced on ________ and shall continue until terminated in accordance with the terms of this Agreement;

AND WHEREAS neither Party is presently lawfully married to any person, and the Parties acknowledge that this Agreement does not constitute a marriage under any personal law or the Special Marriage Act, 1954, and is intended solely to record the mutual civil and contractual arrangements between the Parties;

AND WHEREAS both Parties have attained the age of majority within the meaning of the Indian Majority Act, 1875, are of sound mind, and are competent to contract within the meaning of Sections 11 and 12 of the Indian Contract Act, 1872;

AND WHEREAS the Parties are desirous of recording, in writing, their respective rights, obligations, and arrangements regarding their cohabitation, shared expenses, property, and related matters;

NOW, THEREFORE, in consideration of the mutual covenants and promises set out herein, which the Parties acknowledge to be good and valuable consideration within the meaning of Section 2(d) of the Indian Contract Act, 1872, the Parties agree as follows:

(A). The Parties have been residing together since ________ at the following address: ________.

(B). The Parties are jointly responsible for their common welfare and living expenses.

(C). This Agreement is intended to define the respective rights, status, and ownership over movable and immovable property, whether owned at the time of entering into this partnership or acquired thereafter.

(D). This Agreement shall govern the existing and future movable and immovable property of the Parties insofar as permitted under the applicable laws of India.

(E). Each Party shall furnish to the other a written statement of assets and liabilities at the time of entering into this Agreement, a copy of which shall be annexed hereto as Annexure-A.

(F). The Parties confirm that they have entered into this Agreement voluntarily, without any coercion, undue influence, fraud, misrepresentation, or mistake within the meaning of Sections 14 to 18 of the Indian Contract Act, 1872.

(G). Each Party confirms that they are aware of, and satisfied with, the assets and liabilities disclosed pursuant to this Agreement.

(H). The Parties agree that the consideration for this Agreement consists of the mutual promises herein contained, including the mutual promise of each Party to continue as a living companion and partner of the other.

§ 1. MONTHLY MAINTENANCE AND SHARED EXPENSES

(a). ________ shall be responsible for paying the monthly rent.

(b). ________ shall be responsible for paying the expenditure on food.

(c). ________ shall be responsible for paying expenditure on health and the insurance premia of both Partners.

(d). ________ shall be responsible for paying the expenditure on education and career development of each Partner.

(e). The monthly general bills mentioned above shall be shared between the Partners in the following manner:

(I). The First Partner (________) shall contribute ________% of the total monthly general bills.

(II). The Second Partner (________) shall contribute ________% of the total monthly general bills.

§ 2. PROPERTIES ACQUIRED DURING THE PARTNERSHIP

(a). Any movable or immovable property acquired by either Partner during the subsistence of this partnership through their own individual income, funds, or efforts shall remain the separate and exclusive property of the acquiring Partner, unless otherwise agreed in writing.

(b). Any movable or immovable property acquired jointly by the Partners during the subsistence of this partnership through their joint income, funds, or efforts shall be jointly owned by both Partners in proportion to their respective contributions, unless otherwise agreed in writing.

(c). The acquisition, transfer, and registration of any immovable property shall be effected in accordance with the Transfer of Property Act, 1882, and the Registration Act, 1908, and any applicable stamp duty under the relevant State Stamp legislation shall be borne as the Parties may agree in writing.

§ 3. PROPERTIES OWNED BEFORE THE PARTNERSHIP

(a). The First Partner (________) owns the following properties at the time of entering into this partnership:

________

(b). The Second Partner (________) owns the following properties at the time of entering into this partnership:

________

(c). All movable and immovable properties owned by each Partner at the time of entering into this Agreement shall remain the separate and exclusive property of that Partner.

§ 4. JOINTLY HELD PROPERTIES

(a). The Partners presently jointly own the following properties:

________

(b). Movable or immovable property acquired through joint contribution shall be jointly owned by both Parties.

(c). Jointly-held property shall be divided and distributed in proportion to the respective contributions of the Parties at the time of separation of the partnership, or as the Parties may mutually agree in writing.

§ 5. DEBTS

(a). The First Partner (________) currently owes the following debts:

________

(b). The Second Partner (________) currently owes the following debts:

________

(c). Each Partner shall be solely responsible for settling the debts owed by them at the time of entering into this Agreement, and no liability shall attach to the other Partner unless the other Partner agrees in writing.

(d). Each Partner shall be solely responsible for settling debts incurred by them after entering into this Agreement, and no liability shall attach to the other Partner unless the other Partner agrees in writing.

§ 6. CHILDREN

(a). The First Partner (________) has the following children from a previous relationship at the time of entering into this Agreement:

________

(b). The Second Partner (________) has the following children from a previous relationship at the time of entering into this Agreement:

________

(c). At the time of entering into this Agreement, the Parties have the following children together:

________

(d). The maintenance of children shall be provided for as follows:

________

(e). Upon termination of the partnership, the children of the Parties shall be cared for as follows:

________

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§ 7. ESTATE AND SUCCESSION RIGHTS

(a). The surviving Partner shall have such rights over the estate of the deceased Partner as may lawfully be conferred, subject to the following conditions:

________

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§ 8. TERMINATION

(a). Save as otherwise provided herein, this Agreement may be terminated by either Party by giving the following notice period: ________.

(b). This Agreement may be terminated by either Party without notice upon the occurrence of any of the following events:

________

(c). Termination of this Agreement shall not affect any rights, obligations, or liabilities that have accrued prior to the date of termination, nor any clause which by its nature is intended to survive termination.

§ 9. DATA PROTECTION AND CONFIDENTIALITY

(a). Each Party shall keep confidential all personal, financial, and identification information of the other Party disclosed in connection with this Agreement, and shall process and retain such information only in accordance with the Digital Personal Data Protection Act, 2023.

(b). Neither Party shall disclose such information to any third party except with the consent of the other Party or as required by law.

§ 10. MISCELLANEOUS PROVISIONS

(a). This Agreement creates a fiduciary relationship between the Parties, and each Party agrees to act in good faith and with fair dealing towards the other.

(b). If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

(c). The failure of either Party to enforce any provision shall not be deemed a waiver of that or any other provision.

(d). This Agreement and the rights and obligations hereunder are personal to the Parties and shall not be assigned without the prior written consent of the other Party.

(e). The Parties shall, from time to time, execute such further documents and do such further acts as may reasonably be required to give effect to this Agreement.

(f). This Agreement shall be executed on stamp paper of appropriate value and shall, where required, be registered in accordance with the Registration Act, 1908, and the applicable stamp duty shall be borne by ________.

§ 11. GOVERNING LAW, DISPUTES, AND ARBITRATION

(a). This Agreement shall be governed by and construed in accordance with the laws of India.

(b). In the event of any dispute, the Parties shall first endeavour to resolve the matter amicably. Failing amicable resolution, the dispute shall be referred to mediation before a mediator mutually acceptable to both Parties.

(c). If the dispute is not resolved through mediation, it shall be referred to and finally resolved by arbitration by a sole arbitrator appointed by mutual consent of the Parties, conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended. The seat and venue of arbitration shall be ________, and the language of arbitration shall be ________. The arbitral award shall be final and binding on the Parties.

(d). Subject to the arbitration clause above, the courts at ________ shall have exclusive jurisdiction over any matter arising out of or in relation to this Agreement.

§ 12. COUNTERPARTS

This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

§ 13. AMENDMENT

This Agreement may be amended only by a written instrument signed by both Partners.

§ 14. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, correspondence, agreements, understandings, duties, or obligations between the Parties with respect to the subject matter hereof.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day, month, and year first hereinabove written, namely ________.

FIRST PARTNER

________

Date:

Signature:

SECOND PARTNER

________

Date:

Signature:

WITNESS-1

Name: ________

Govt. ID name and number: ________

Address: ________

Signature:

WITNESS-2

Name: ________

Govt. ID name and number: ________

Address: ________

Signature:

The undersigned, being a duly appointed Notary Public, located at ________, certifies that on this date the above-named ________ and ________ appeared before me, were properly identified to me, and did sign the foregoing instrument of their own free will.

IN TESTIMONY WHEREOF, I subscribe my name and affix my notarial seal on this ________ day of ________, 20________.

_______________________

Notary Public

Name: ________

Registration No.: ________

Address: ________