A CRITICAL STUDY ON ‘COHABITATION AND PROPERTY RIGHTS’ WITH SPECIAL REFERENCE TO PARTITION BETWEEN UNMARRIED COUPLE

AUTHORS – S. KIRUTHIGA DEVI* & MS. PREETHI. R**, LLM SCHOLAR* & FACULTY OF LAW** AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – S. KIRUTHIGA DEVI & MS. PREETHI. R, A CRITICAL STUDY ON ‘COHABITATION AND PROPERTY RIGHTS’ WITH SPECIAL REFERENCE TO PARTITION BETWEEN UNMARRIED COUPLE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 803-807, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

The concept of live-in-relationship has developed from the western countries. Initially, Indians has never accepted the concept of cohabitation by unmarried couple. But later as the society develops slowly, they have recognized the live-in-relationship as legal and not a criminal offence. Legally married couple gets protection from the legislation and this ensures the partition rights, inheritance and also succession from the ancestral property. The Law always ensures that the legally married couple are protected and gets every rights to protect themselves. But always the cohabiting unmarried couples are placed in the repelling poles of the married couple in India. Partition rights are not vested with the man or women in the unmarried relationship only the child born out of the relationship are protected. The concept has adopted from the western culture but the western countries has protect the rights of the unmarried couple by the prenuptial agreement or cohabitation agreement which lays down certain conditions to get  protection by law. So, India can adopt the same from the other countries and can protect the property rights of the unmarried couple in cohabitation.

Key Words : Property, unmarried couple, property rights of women, right to inherit property, cohabitation agreement, comparison.