COHABITATION CONTRACTS AND CONSTRUCTIVE TRUSTS, TOOLS TO SECURE PROPERTY RIGHTS IN UNMARRIED COHABITATION IN INDIA: AN ANALYSIS

Abstract

A family is a fundamental unit of society, and analysing its forms and functions leads to creation and securing rights of its members. With the development of society, cultures have been witnessing the growth of unmarried cohabitation. India, too has seen a steady growth in such an alternate form of intimate partner relationship, witnessed in the form of increased litigation in courts as well as partial legislative recognition. Whereas in most such cases, the courts have addressed the right of maintenance of the female partner, they have usually been silent on the property rights of the partners. This paper attempts to identify the present legal position in India on the property rights of unmarried cohabitants. The authors have identified the legal vacuum and suggested remedies in property and contractual law. Constructive trusts and cohabitation contracts have been identified as legal tools to combat the situation. The authors have also tried to address the scepticism of the public policy argument that may arise in implementing these remedies. The aim of the paper is to expand the scope of the law to make it adept to address the growing social reality of unmarried cohabitation.