Unveiling Equality: The Legal Tapestry of Inheritance For Transgender Individuals In India

Abstract

This paper provides an exhaustive analysis of the inheritance rights of transgender individuals in India, situating its exploration within the prevailing legal framework and reviewing judicial decisions up-to 2024 that pertain to transgender identity, including analogous terms such as aravani and kinner. While the Indian Constitution explicitly prohibits discrimination on the grounds of sex or gender, inheritance laws remain embedded in a binary gender paradigm that overlooks transgender identities and gender transitions. Consequently, transgender individuals face an inherent dilemma: conforming to their assigned gender or forfeiting their inheritance rights. The situation is further exacerbated by issues surrounding legal identification, as transgender persons often lack proper documentation, encounter barriers to marriage, and struggle to establish proof of adoption. Despite judiciary efforts to mitigate these difficulties, rulings are often predicated on subjective interpretations, leading to inconsistent protection for transgender persons. This paper argues that comprehensive legislative reform is imperative to secure equitable access to inheritance rights.