Beyond Binary: Navigating Property Rights for Transgender Individuals across India’s Personal Laws

  • Dr. Jayshree Gautam Kanchanpurkar
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  • Dr. Jayshree Gautam Kanchanpurkar

    Assistant Professor at University of Mumbai, India

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This study focuses at the way property rights and transgender identity interact within the framework of India's many personal laws. Although there have been legal modifications to accommodate transgender people's rights, especially with regard to identity recognition and anti-discrimination laws, the topic of property rights has not received as much attention. This study examines the different personal laws in India that deal with property ownership, succession, and inheritance while taking transsexual identities into account. India's legal system is made up of numerous personal laws that apply to different religious communities, each with unique rules around inheritance and family. Diverse personal laws such as Hindu, Muslim, Christian, and others present a challenging landscape for transgender people looking for legal recognition and safeguarding of their property rights due to their disparate perspectives on succession and property rights. This research attempts to clarify the differences and shortcomings in the existing legal system by thoroughly analysing these laws and how they affect transgender people. When it comes to defending their property rights, transgender people face a variety of obstacles, such as structural hurdles to the legal recognition of their gender identification, widespread prejudice, and societal stigma. Their vulnerability is made worse by the current property laws' lack of clear protections, which marginalises and alienates them in matters of succession and property ownership. Using legal research, case law analysis, and socio-legal perspectives as a starting point, this study aims to clarify the nuances surrounding the relationship between property rights and transgender identity. This study intends to provide light on the obstacles transgender people encounter while trying to exercise their legal rights within the current framework by thoroughly analysing legislation provisions, case law, and socio-legal views. Additionally, it looks for possible reform areas to guarantee more equity and inclusivity in the property sector.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 1405 - 1415


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