Transgender Persons And Their Succession Rights In India: An Analysis Of The Social And Legal Implications
- IJLLR Journal
- Jun 26
- 2 min read
J. Manjeni, LLM, Department of Property Law, Tamilnadu Dr Ambedkar Law University, Chennai.
Dr. P Brinda, Associate Professor, HOD, Department of Property Law, Tamilnadu Dr Ambedkar Law University, Chennai.
ABSTRACT
Transgender individuals in India remain one of the most marginalized groups in society, facing various forms of discrimination and exclusion. One critical area where this marginalization is particularly evident is in succession rights the legal entitlement to inherit property and assets after a person’s death. Although recent legislative developments have aimed to improve their status, transgender persons still face considerable challenges in accessing their rightful inheritance. While the Indian Constitution prohibits discrimination based on sex or gender, inheritance laws fail to explicitly recognize transgender identities or gender transitions. These laws largely operate within a binary framework of male and female, excluding those who do not fit neatly into either category. In India, inheritance is governed by personal laws tied to specific religions and cultures, many of which have a long history of gender bias. Due to the gender-specific language of these laws, transgender individuals must often conform to a binary gender identity either male or female in order to claim inheritance rights. This creates a conflict between affirming one’s true gender identity and securing legal entitlements. Further, practical challenges such as lack of official documentation, inability to legally marry, or absence of formal adoption recognition complicate the identification of legal heirs. While courts have occasionally intervened to uphold transgender rights, such decisions are inconsistent and discretionary. These significant issues underline the urgent need for legal reforms. This research paper aims to analyze the social and legal challenges transgender people face in asserting their succession rights, while also exploring possible solutions to address these systemic barriers.
