Inheritance rights of transgenders: challenges on the way ahead

While our Constitution guarantees equality in every sphere of life, including law, to every Indian citizen, the reality is starkly different. The transgender community continues to fight for many of their fundamental rights, including the right to inherit property.

The gender issue

In India, a person's inheritance rights are governed by the personal laws of his/her religion. The fundamental issue is that when it comes to inheritance, only two genders are acknowledged — male and female.

As per the Hindu Succession Act, 1956, only a male or female is considered to be the 'heir' in the event of someone dying intestate. The only way out for most transgenders to claim their inheritance is by compromising their gender identity — they have to identify themselves as either a male or female, depending on the gender mentioned in their birth certificate. This is a blatant violation of Article 15 of the Indian Constitution, which prohibits any kind of discrimination on grounds of a person's sex.

The legal side

In 2014, in a path-breaking judgement, the Supreme Court recognised a transgender person's right to identify themselves as male, female or the third gender. In 2019, the Transgender Persons (Protection of Rights) Act was passed, prohibiting any discrimination against the community, including their right to hold or dispose of property. However, these laws have failed to address legal issues regarding the community's civil rights, including inheritance.

The solution: a will

With the law recognising only sons and daughters as legal successors, a transgender person's right to inheritance is mired in legal tangles, in the absence of a will. The only solution is for them to be mentioned in the will. If you want a transgender person to inherit some or all of your property, make sure that a will is written.