Property Rights Of LGBTQ+: Legal Developments And Challenges
- IJLLR Journal
- Jun 19
- 2 min read
Updated: Jun 21
Shanmuga Priya R, LLM Postgraduate Department of Property Law, The Tamilnadu Dr. Ambedkar Law University, Chennai
Dr. Brinda P, H.O.D, Postgraduate Department Of Property Law, The Tamilnadu Dr. Ambedkar Law University, Chennai
ABSTRACT
Inheritance rights are a fundamental aspect of legal and social recognition, ensuring financial security and validating personal relationships after death. However, for individuals identifying as LGBTQ+, these rights are often restricted or denied due to the limitations embedded in succession laws. Most legal frameworks, particularly in India, are based on traditional understandings of family and kinship. As a result, Queer individuals— especially those in non-recognized partnerships or chosen families— frequently face exclusion from the inheritance process.
This article critically examines how existing succession laws, which govern both Intestate and testamentary inheritance, fails to accommodate the lived realities of LGBTQ+ persons. In jurisdictions where same-sex marriage is not legally recognized, queer partners are often not considered legal heirs, leaving them vulnerable in the society. Even where wills are made, legal and societal barriers may lead to disputes, invalidation or denial of inheritance rights. The lack of inclusive definitions within succession statutes further marginalizes queer individuals and denies them equal treatment under the law.
Adopting a doctrinal and Comparative approach, this study focuses exclusively on the Intersection of Inheritance and queer identity, highlighting how existing laws systematically overlook non-traditional family structures. It argues for a reimagining of succession laws to ensure that all individuals, regardless of sexual orientation or gender identity, are treated equally in matters of Inheritance. By Focusing on LGBTQ+ experiences in the context of succession, this research aims to bring attention to a neglected area of legal reform and advocate for a more inclusive and equitable Inheritance system.
Keywords: LGBTQ+ Inheritance, property rights, succession law, legal recognition, Inheritance, gender Identity
