A CRITICAL STUDY ON TRANSGENDER AND THEIR PROPERTY RIGHTS
AUTHOR – S.KIRUTHIGA DEVI, LLM SCHOLAR AT SCHOOL OF EXCELLENCE IN LAW, TNDALU
BEST CITATION – S.KIRUTHIGA DEVI, A CRITICAL STUDY ON TRANSGENDER AND THEIR PROPERTY RIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 303-309, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTARCT
In ancient India, transgender individuals were recognized as “Hijras” and also referred to as the Third gender and held a respected position in the society even sacred texts like the Ramayana and Mahabharata acknowledged and honored them. The respect for transgender individuals has drastically declined over time, particularly in matters of property rights. Nowadays, Many transgender individuals are abandoned and left vulnerable, often becoming “homeless”. This puts them in a critical situation where they face insults and discrimination. Inheritance laws, predominantly shaped by personal laws, frequently overlook transgender rights or outright deny them the entitlement to ancestral property. The personal laws classify individuals strictly as either male or female as a result, transgender individuals must align themselves with one of these categories to be recognized under inheritance laws. Beyond excluding transgender individuals from inheritance laws, the broader property rights framework presents significant challenges. Identifying legal successors is often difficult, as transgender individuals may lack proper documentation, face barriers to marriage, or struggle to prove adoption. These challenges create legal hurdles and undermine their inheritance rights by denying them the protections typically granted to other citizens. The Hindu Succession Act, which governs inheritance for Hindus, Jains, Sikhs, and Buddhists, lacks explicit recognition of transgender individuals, potentially leading to complexities in inheritance disputes. NALSA vs. Union of India[1] considered to be a pivotal case conferred legal recognition upon transgender individuals as a third gender, affirming their rights to property ownership and inheritance. However, persistent social stigma restricts their practical access to these entitlements. Strengthening transgender inheritance rights through clear legal frameworks and ensuring equitable access to housing and land ownership are essential legislative steps toward fostering an inclusive society and upholding respect for transgender individuals. This research paper explores the historical evolution of transgender rights, focusing on property ownership, inheritance, and legal recognition.
Key Words: Transgender, ownership, inheritance, property rights, social stigma, legal Recognition
[1] AIR 2014 SC 1863