INHERITANCE RIGHTS OF TRANSGENDERS

INTRODUCTION

One of the main developments in the 21^st century is protecting and providing a plethora of rights in the ethos of human and sexual rights. This is an international phenomenon that brings to light the several disparities that were once hidden and the struggles that people experience just because of their gender or sexual orientation. This paper intends to focus on the inheritance rights of transgenders in India. The treatment of transgenders is not only determined by society but also religion, profession and several other surrounding factors and legal intervention is necessary to create a more conducive society. While trying to understand the same, it is important to look at gender as a spectrum rather than a binary, which is the perception that the world is slowly moving towards.

The legal relationship between transgenders and the law has been hostile due to enactments such as the Criminal Tribes Act (to monitor their activities), 1871 and Section 377 of the IPC which was only recently struck down. The discourse from the pre-colonial period to the post-colonial period saw advancements towards a more progressive outlook but still has a long way to go in terms of achieving equality in personal laws. different religions, have a different outlook and rules towards the treatment of transgender. However, they are unable to draw support even legislations as firstly, the legislations talk in terms of only male and female and secondly, acts such as the General Clauses Act (Section 13), also talk about gender as a binary.

The judgement of NALSA v. Union of India, finally recognised transgenders as a third gender. This judgement laid down the idea that non- recognition of transgenders as a third gender denies them equality before the law. The paper intends to delve into the same idea in terms of recognition of rights in the sphere of personal laws. Through this paper, the idea pertaining to recognition of only the binary gender in personal laws is questioned and their rights under various legislations is taken into consideration as well to determine the obvious exclusion of transgenders from personal laws in India.

RESEARCH PROBLEM 

The personal laws in India and their respective legislations have seen a clear exclusion of transgender persons. Since the laws do not recognize them, they are excluded from rights that all people are entitled to such as marriage divorce, adoption, inheritance etc. This paper aims to look at inheritance rights in specific. Transgender persons legally do not fall under any of the grounds for disqualification for inheritance. However, nor are they recognized as a gender itself in personal laws leaving a gap for interpretation that normally is not held in their favour. This paper aims to understand the gap that is afore mentioned and intends to look at possible solutions to the same.

REVIEW OF LITERATURE 

1. Gulati, K. and Anand, T., 2023. Inheritance rights of transgender persons in India. Indian Law Review, 7(1), pp.1-25. – The article talks about how transgender persons have been legally institutionalized over the past 2 decades. The constitutional recognition was given to the community only in the year 2014 and the article traces their struggle for recognition. The article discusses how inheritance laws have been framed with gender as a binary expression. It narrows down the challenges to be rooted in gender-based rights that fail to guarantee rights to a significant number of people.
2. Bhattacharya, S., Ghosh, D. and Purkayastha, B., 2022. ‘Transgender Persons (Protection of Rights) Act ‘of India: An Analysis of Substantive Access to Rights of a Transgender Community. Journal of Human Rights Practice, 14(2), pp.676-697. – The paper discusses the amendments to the Transgender persons (Protection of Rights) Act, 2019 and talks about their civil and constitutional rights. It discusses in detail the pros and cons of the act and how institutional recognition is a necessary facet for progressive laws to be made. It highlights the gap between legal intervention and status and the practical real-life scenario.
3. Padhi, M. and Mohanty, P.A., 2019. Securing transgender rights through capability development. Economic and Political Weekly, 54(1). – The paper talks about policy for welfare of transgender persons (Panda, 2018) which was implemented to enforce legal, social and economic order to mainstream the recognition of transgender persons. It was set up to better understand the standpoint of transgenders after the Transgender Persons (Protection of Rights) Bill. It has been acknowledged that the bill deals with larger issues but does not focus on specific sets of rights that fall outside its ambit.
4. Gichki, M., 2020. Deconstructing transgender identities in Pakistan, India, and Iran in colonial and post-colonial context. Development, 63(1), pp.31-37. – The paper discusses the rights of transgender persons in light of human rights in an international spectrum. It deals with an important point, that being the discourse of transgender persons in the noon-western states has a longer discourse into its etymological history as seen through literature and has been influenced by its colonial past as well.
5. Mittal, K. and Garg, S., 2015. Transgender in India: New developments and enactments. International Journal of Multidisciplinary Research and Development, 2(11), pp.402-405. – The article traces the history of the discourse for transgender rights and through this struggle it sheds light on the differences in the colonial and post-colonial period. It also takes into account an international perspective making third world countries the main area of study and the steps towards legal recognition of transgenders.

CHAPTER 1: ISSUE WITH RESPECT TO TRANSGENDERS

• WHO IS A TRANSGENDER PERSON

In India transgender go by different terms throughout the country such as Hijras, Kothis, Jogappas, Eunuchs, Shiv-Shaktis, Aravanis.[1] The term transgender has been defined as “a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone Sex Reassignment Surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta” in the TGPA, 2019[2] under Definitions.

This gives us an understanding as to who falls under the class of transgenders as in India, we see a cultural, religious and social association to transgenders whose rights have been a question in the modern society.[3]

• HISTORICAL REFERNECES TO TRANSGENDERS

The 9^th Century saw the frequent use of the term Eunuch to describe a person who was not wholly male or female. During the Mughal period, they gained importance in courts. They were castrated men who would accompany the royal women and guard their quarters. They were held at a high position during this period and could hold property and carry out business.[4]

With the advent of the British, their rights and land had been taken away as it was not inherited from blood relations. This was especially prevalent in north India in areas like Mumbai where the Bombay Rent-Free Estates Act, 1852 was applied. They later on came under the class of criminals in the Criminal Tribes Act, 1871. The status rendered to them due to the tag in the British period saw a decrease in socio-economic status[5].

• CURRENT SCENARIO IN PERSONAL LAWS

Personal laws are the laws that govern subjects like marriage, divorce, inheritance, adoption and maintenance. All these subjects treat gender as a binary and hence ignores certain classes of people, specifically those belonging to the LGBTQIA+ community. This paper deals specifically with transgender persons. Currently, they are excluded from all these laws. Judgements such as NALSAR v. Union of India[6] have recommended that transgender persons should be given marriage and adoption rights and that they should be recognised as a third gender.  They are no provided the rights and dignity they deserve due to social stigmas and miseducation which creates an inhumane situation especially in the case of personal laws.[7]

• PROBLEM IN INHERITANCE RIGHTS

Personal Laws as such has posed to be an area where rights are difficult to be perceived. Inheritance laws such pose an issue due to two main reasons: one being rights are based on a binary notion of gender and secondly identification of successors is an issue. It simply means in what capacity can they inherit and how can their property be inherited.

In addition to this, due to the lack of a civil code, India already faces the problem of multiple personal laws and an amendment has to be made in each law to provide for inheritance rights of transgenders.

Another issue is that while reading into the term sex, it is not just biological sex but also gender which falls into its ambit. Gender is a wider connotation but has still been used in this context of sex forcing people into a binary which simply creates more problems.[8]

The chapter below has discussed the position of the same under different religions and the stand of the judiciary as well.

CHAPTER 2: CURRENT STATUS IN INHERITANCE RIGHTS

2.1 GENDERED INHERITANCE 

2.1.1 HINDU LAWS

Inheritance for Hindus is governed by the Hindu Succession Act. It also includes Buddhists, Sikhs and Jains and includes both males and females. The act permits inheritance for males and females but not for transgender persons.[9] Under the act the definition of “Heir” is restricted to males and females and is thereby confined to a binary.

By analysing the act, we can say that there is a bias towards males[10] as compared to females[11] but transgenders are not touched upon anywhere in its scope. All terms pertaining to inheritance like agnates, cognates as well as other members capable of inheriting are described as described as a binary which bring us to the starting point of the problem at hand.

Generally, when we find an ambiguity in law, we turn to the General

Clauses Act, 1897.[12] This also does not provide us with a solution because the ambiguity with respect to gender is once again essentially solved by making it in binary terms. This leaves us with no statutory backing to invoke inheritance rights to transgenders.

Considering Hindu law treats males and females differently, we encounter one major problem which can be expressed through an example. Assuming X (Female by birth) has undergone SRS and now identifies as Male, on the death of X, their gender becomes a point of dispute. If X dies, the family dependent on X would be given their share based on how X is perceived by the Act. If X has children, then there is not much problem as they inherit the property and exclude others. If X is considered a female at death, then the shares go to the husband and the heirs of the husband. On the contrary if X is a male, the property will go to their mother who is a Class 1 Heir.[13]

Also, post the 2005 amendment the property when inherited by a daughter and son is on equal footing and there is no difference in treatment. However, for transperson especially in the pre amendment period, we see that the reason for converting should not be solely to inherit the property as discussed in the case law below.[14]

One other major issue we find in this area is that codified Hindu Law does not necessarily make conversion of sex a ground for exclusion from the family. But, separating oneself from the family due to conversion and non- acceptance of the family is seen in line with being cut off by the family financially and thus are excluded form inheriting Joint Family property.[15]

From this, we understand that depending on the court’s decision the property of a transgender person is subjected to arbitrary disposal. Further, in most cases transgender persons are disqualified from their family and are excluded from their families. Arbitrary disposal of their property intestate is violative of their rights even after death. 

2.1.2 MUSLIM LAWS

Muslim Law in India remains largely uncodified till date. “The law of

inheritance is derived from the customs and usages prevalent among the tribes of Arabia before the revelations of the Quran”[16] Muslim law finds its inheritance laws in customs and practices that are based on certain patriarchal notions. Such as a man would get more share in certain cases so that he can maintain other females in the family like his mother, sister, wife etc.

Similar to Hindu law, the existing laws on inheritance exclude transgenders from its purview as it treats gender as a binary this can be seen from the list of sharers, residuaries and distant kindred in both Sunni and Shia law.

As the holy Quran says, “Allah is one who shapes you in wombs as He pleases”.[17] The general idea taken away from this is that any physical trait which includes that which determine sex is done with the permission of Allah. When inheritance comes into question, the person inherits based on how he is treated i.e., in the capacity of a man if he is treated like a man otherwise a woman. This is prevalent in only very few communities in India.

A transgender person can also approach the Waqf Board for any clarification as to what law applies to them. But they also face exclusion from inheritance as they are not considered a part of the family after they change their sex and there is no explicit mention of them in Indian laws.

The reason for the same can be found in The Muslim Personal Law (Shariat) Application Act, 1937. This act was brought in to codify parts of Muslim law in order to protect females. Section 2 of the act says that it applies to all persons irrespective of their gender and Section 3 says only a male member in the Muslim family can make the final declaration. Due to the same transgenders are mostly excluded here by way of social stigma and are basically disowned by the family.

• CHRISTIAN LAWS

The Indian Succession Act, 1925 deals with the spillover population after they have been classified as Hindus or Muslims. The general trend seen is the use of gender-neutral terms like kindred and lineal descendants. The shares here pass on from the intestate to their children irrespective of whether they are sons or daughters. The act nonetheless, does also use terms like males and females but the inheritance rights given to them in these circumstances remain largely the same. S. 42 and S. 43[18] differentiate between the parents of the deceased. If a transgender person finds himself in a situation that requires interpretation of this section, what they inherit would largely depend on their gender. [19]

In a report carried out by the Delhi Minorities Commission in 2016, it requested the Law Commission to whether transgender persons can be included within the Indian Succession act but no such study has been conducted yet. This came into light when a Christian transgender was given equal rights on ancestral property after consultation with the Advisory Committee of Christians which is constituted by 52 religious leaders and professionals.[20]

• INTERNATIONAL PERSPECTIVE

The international perspective sees an array if approaches as to how transgenders are treated. Some countries completely outlaw their existence while others misclassify them as tribe or simply let them be without any human rights.

In 2006, ‘Yogyakarta principles’ were laid down as an initiative by Indonesian Human rights activists pertaining to international application of human rights in the light of sexual orientation and gender identity. Under these laws, Principle 3 deals with recognition by law and Section 3A specifically deals with inheritance rights of transgender persons which entails the state providing right to property and right to acquire property through inheritance without discrimination on the grounds of sexual orientation and gender identity.[21]

The International Covenant on Civil and Political Rights in Article 17 provides for rights to transgenders including right to privacy and familial affairs and no state intervention should prevent them from enjoying these rights.[22]

The United Kingdom has the General Recommendations Act, 2004. This came about after the judgement of Christine Goodwin v. The United Kingdom.[23]  With this judgement the status of marriage, divorce, succession etc. was evaluated from a gendered perspective and bestowed legal rights and validation with respect to the same.

Dr. Mohammad Aslam Khaki & Anr. V. Senior Superintendent of Police Rawalpindi & Ors[24] was a Pakistani judgement that acknowledged transgenders as citizens and were given right to life and property as per the Pakistani constitution just like other citizens. 

• STATUTORY PROTECTION

In India, the National Legal Service Authority v. Union of India and Others was a landmark judgement in identifying rights of a transgender person

In India the Transgender Persons (Protection of Rights) Act, 2019 guarantees to the members of the community certain basic rights so as to ensure their protection and also accounts for offenses against the community and the punishments for the same.

Section 13[25] under Chapter V ensures right to residence and Clause 1 specifically states that a transgender person should not be separated from their family due to change in identity. Clause 2 says they should also be entitled to all the household facilities. This essentially refers to maintenance by the family and are present in the family as a member. Further it prohibits discrimination on grounds such as employment and to purchase, rent or occupy any property.[26]

2.1.6 STATE LAWS

Apart from the laws made at the national level, states are also allowed to make laws on certain topics. Transfer of Property currently falls under the concurrent list.[27] Post the NALSA V. Union of India[28], several states have stepped up and taken more responsibility to secure the rights of transgender persons. Uttar Pradesh modified the law with respect to agricultural property to ensure inheritance rights[29]. Having a large population of transgenders, the state brought in this mechanism to ensure that property could be inherited by them and acknowledges that they are unable to rent/ find accommodation, adopt children, obtain documents to change their gender or identity.

Assam, Tamil Nadu, Karnataka, Kerala, Madhya Pradesh[30] and Odisha have special transgender policies to secure a wide range of civil rights. Tamil Nadu has a Transgender Welfare Board[31] that aims at making the lives of transgenders easier. It focuses mainly on document change and finding housing spaces.

However, the major drawback in these state and centre laws is that no policy, caselaw or statute deals with how transgenders can be treated especially with respect to inheritance. In most cases, the decision is made in light of the facts of the case by the judiciary.  

The need of the hour is backing by legislative framework to ensure some form of surety to transgender persons in this area.

• LAW COMMISSION REPORTS

From this, we see that this issue has been flagged by multiple state and central government initiatives. The law commission of India has also commented on this issue in a few of its reports.

174th Report of Law Commission of India, 2000 states that the legislation on the face of it discriminates between a male and a female must be made gender neutral. This if implemented with accuracy and sensitivity can also help transgenders inherit a fair share of property.

The Consultation Paper on Reform of Family Law, 2018 was the most recent initiative that deals with one major aspect that is, the Uniform Civil Code. It flags the need for a uniform set of laws in terms of gendered and secular perspective.

2.2 IDENTIFYING SUCCESORS AND ITS LEGALITY

Having now understood that transgenders find it difficult to inherit property to begin with, another complication arises with respect to who inherits their property. This issue is mainly due to the fact that lack of documentation with respect to marriage, adoption which is available to ordinary citizens.[32]

Adoption is the main facet that inheritance depends upon as it builds the family structure. The significance with respect to adoption for transgenders is the existence the Guru-Chela system. This unique system is analogous to adoption.[33] In this system, a transgender is adopted by another transgender and shares a relationship of that of a parent, guide and friend. The guru is the person who adopts the newly transitioned transgender i.e., the chela. The relationship is a string bond with social and economic toes as well as has been prevalent in society for a long time.[34] This relationship is a form of non- legal adoption and exists in most cases without any blood relationship.[35]From when the chela is adopted their life is guided and controlled by the guru. The general norm following this is that the guru’s property is inherited by the chela.[36] This has been backed by precedents. However, a will needs to be executed to show more backing for the same.

Apart from this, transgenders are allowed property right per the Transgender Persons (Protection of Rights) Act, 2019 and hence a will executed by them would amount to a valid legal document that can be executed.

CHAPTER 3: JUDICIAL RESPONSE

The above chapters have discussed the shortcoming of the statutory acts. Now we look into the judicial standpoint which have given more progressive in judgements which shows the need to work towards more gender-neutral set of laws. The case laws highlight different types of issues faced by transgenders as well as the judiciary in interpreting the law consistently.

The most important case is that of NALSA v. Union of India,2014[37] which was a landmark judgement that acknowledged transgender persons as a third gender and said that fundamental rights would apply uniformly to them as it would to any other citizen. It provided them with the right of self- identification.

The Ajay Mafatlal case[38] without saying is the most important case with respect to inheritance rights of transgender persons. They were the first person to undergo Sexual Reassignment Surgery in India. Ajay Mafatlal (dead name Aparna) was born into a family of four sisters and one brother. With all his sisters married, his brother came about to be the sole heir to the property. In 2005, Ajay underwent SRS surgery and was the first to do so. He was accused of undergoing the surgery for the sole idea of inheriting the property.

From this we see that it a person does not assign themselves to one sex or confine themselves to a role they could be accused of several claims that affect their inheritance rights as the court did in the Ajay Mafatlal case.

The case of Arun Kumar v. Inspector General of Registration[39] held that the term bride in the Hindu Marriage Act would include transwomen as well as it would be violative of their fundamental rights to exclude them otherwise. The court also provided insight on the need to interpret and develop a contemporary understanding to such laws.

Nangai v Superintendent of Police 2014 SCC OnLine Mad 988 held that transwomen could apply for the post of superintendents and police constables. This was carried out by other courts as well which resulted in their heirs and kindred getting access to pension and gratuity funds.[40]

The reading of laws in a gendered perspective when it comes to transgenders is not uniform and differs by the case. In Sumita Kumari v State of West Bengal[41], the Calcutta high court said that transwomen could not apply for Asha posts reserved for women. Rights are determined by the subjective approach of the judge and in most cases family courts are not invoked and trial is carried out in a regular magistrate court which has its own set of disadvantages.

In the case of Mulla Faizal v State of Gujarat[42], the petitioner developed male characteristics after being born female and underwent procedures to completely identify as a male. However, the curt rejected the plea for the application to change the gender in documents due to which personal laws could not be applied for the petitioner as a male.

In the case of Illyas v. Badshah[43], the appellant claimed that the deceased was their guru and had executed a will in their favour and wished to claim it as their chela. The property that is received by the guru cannot be passed on outside the community. The respondent also made the same claim and accused the appellant of forging the will. The high court favoured the respondent and held that even if the will was not forged, the appellant could not inherit more than one-third of the property based on customary laws on inheritance in Muslim law which places a limit on the same.

In the case of Sweety v. general public[44], the transgender(petitioner) claimed to be the soe heir of the deceased person who was the chela. The petitioner claimed to be the only relative or closest kindred to the deceased and could hence claim the property. The claim was dismissed as the appellate court chose to apply Hindu law based off the name of the appellant. The high court held that the name inly suggests a possibility and no conclusions can be jumped to from the same. This ensured that the court gave a fair trial and disposal of property, respecting the rights of the deceased. But, if the appellant was a Hindu, the property would have devolved as per Hindu laws but there was no legal heir mentioned in the case. Secondly it creates an ambiguity as to where a customary practice is to be followed or whether it would devolve per Hindu laws.[45]

From these judgements we see a number of difficulties such as implementation problems, gender biases and lack of clarity with respect to applicability of laws due to disagreement and non-uniform application of these laws.

CONCLUSION

Inheritance rights of transgenders has been a long-drawn battle for basic rights but also a larger war for acceptance. Currently under all personal laws, there is no clear provision for them to inherit. Even if scope is found it depends on the facts of the case and the discretion of the judge.

Having analysed the inheritance laws, we can say that they need to be amended or replaced. The solution to this could be the Uniform Civil Code. Apart from this, the Guru- Chela system can be followed to respect the actual family-like relationships they experience. This prevents their old family from exploiting them or from other forms trouble they could face. It gives them a way to understand safety, security and non-exploitation. The last option would be to expand the scope of the Transgender Protection Act 2019.

BIBLIOGRAPHY

ARTICLES AND BOOKS

1. Chatterjee, S., 2018. Transgender shifts: Notes on resignification of gender and sexuality in India. Transgender Studies Quarterly, 5(3), pp.311-320.
2. “Thukral, Pankhuri and Kainya, Vanshika, Transgender: Position and Identity in Family Law in India (April 11, 2022). Journal for Law Students and Researchers (JLSR), 3(3), 1-14
3. Kumar, S. and Singh, U., 2022. Transgender Community: Historical Development and Present Scenario in India. Issue 3 Indian JL & Legal Rsch., 4, p.1.
4. Chatterjee, S., 2018. Transgender shifts: Notes on resignification of gender and sexuality in India. Transgender Studies Quarterly, 5(3), pp.311-320.
5. Manjeet Kumar Sahu, ‘CASE COMMENT ON NATIONAL LEGAL SERVICES AUTHORITY V. UNION OF INDIA & OTHERS (AIR 2014 SC 1863): A RAY OF HOPE FOR THE LGBT COMMUNITY ‘ (2016) Volume III Issue 2 BRICS Law Journal
6. “ Dr. Poonam Pradhan Saxena, Family Law Lectures-II (Student Series) (5th edn., Lexis Nexis) . ”
7. Gulati, K. and Anand, T., 2023. Inheritance rights of transgender persons in India. Indian Law Review, 7(1), pp.1-25.

• Menski, W., 2010. Hindu law. Law & Just.-Christian L. Rev., 164, p.45.

8. The Holy Quran (3:6).
9. Sharma, R. (2018) “Inheritance Rights of Transgender A Cry of Humanity”, International Journal of Law Management & Humanities [Preprint].
10. Satyajeet A Desai, Mulla Hindu Law, Lexis Nexis.
11. Poonam Pradhan Saxena, Family Law Lectures-II (Student Series) (5th edn., Lexis Nexis 2021).
12. Maria Akram, ‘Christian transgenders to have equal rights on ancestral property’ The Hindu (New Delhi, 12 May 2016)
13. Dr Mohd Aslam Khaki versus Operations SSP Rawalpindi and others.” Constitution Petition no 43. Supreme Court of Pakistan, 2009.
14. “Uttar Pradesh Revenue Code (Amendment) Act, 28 of 2020.
15. State Transgender Policy, Madhya Pradesh. Available At: https://aiggpa.mp.gov.in/uploads/project/State_Transgender_Policy1.pdf
16. Narag, D. (2021) ‘Case Comment on Sweety (Eunuch) Vs General Public (2016)’, International Journal of Law Management & Humanities [Preprint]
17. Anand, V. and Gandhi, V. (2022) ‘Inheritance Rights through the Lens of the Transgender Community’, Jus Corpus Law Journal [Preprint].
18. Neki, J.S., 1973. Guru-chela relationship. The possibility of a therapeutic paradigm. Am.
19. Semmalar, G.I., 2014. Unpacking solidarities of the oppressed: Notes on trans struggles in India. WSQ: Women’s Studies Quarterly, 42(3), pp.286-291.
20. Kalra, G. and Shah, N., 2013. The cultural, psychiatric, and sexuality aspects of hijras in India. International Journal of Transgenderism, 14(4), pp.171-181.

.CASE LAWS

1. R. Coelho v. State of Tamil Nadu, A.I.R. 2007 S.C. 861
2. Christine Goodwin v The United Kingdom, App no 28957/95 (ECHR, 11 July 2002).
3. llyas v Badshah Alias Kamla 1989 SCC OnLine MP 175.
4. Ajay Mafatlal case, Criminal petition No. 4943 0f 2014
5. Arun Kumar v. Inspector General of Registration W. P. (MD) No. 4125 of 2019
6. G Nagalakshmi v Director General of Police 2014 SCC OnLine Mad 2536
7. Sumita Kumari v State of West Bengal 2016 (2) Cal LJ 455.
8. Mulla Faizal v State of Gujarat 2000 SCC Online Guj 31.
9. Sweety v. general public AIR2016HP148

LEGISLATIONS

1. Transgender Persons (Protection of Rights) Act.
2. Hindu Succession Act,2005.
3. General Clauses Act, 1897.
4. THE INDIAN SUCCESSION ACT, 1925 ACT NO. 39 OF 1925.
5. “Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity.”rep accessed April 24, 2018
6. International Covenant on Civil and Political Rights (adopted 19 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR)
7. Contitution of India VIIth Schedule, List III, Entry 6.

[1] Chatterjee, S., 2018. Transgender shifts: Notes on resignification of gender and sexuality in India. Transgender Studies Quarterly, 5(3), pp.311-320.

[2] Transgender Persons (Protection of Rights) Act.

[3] “Thukral, Pankhuri and Kainya, Vanshika, Transgender: Position and Identity in Family Law in India (April 11, 2022). Journal for Law Students and Researchers (JLSR), 3(3), 1-14.

[4] Kumar, S. and Singh, U., 2022. Transgender Community: Historical Development and Present Scenario in India. Issue 3 Indian JL & Legal Rsch., 4, p.1.

[5] Chatterjee, S., 2018. Transgender shifts: Notes on resignification of gender and sexuality in India. Transgender Studies Quarterly, 5(3), pp.311-320.

[6] (2014) 5 SCC 438

[7] I.R. Coelho v. State of Tamil Nadu, A.I.R. 2007 S.C. 861

[8] Manjeet Kumar Sahu, ‘CASE COMMENT ON NATIONAL LEGAL SERVICES AUTHORITY V. UNION OF INDIA & OTHERS (AIR 2014 SC 1863): A RAY OF HOPE FOR THE LGBT COMMUNITY ‘ (2016) Volume III Issue 2 BRICS Law Journal

[9] “ Dr. Poonam Pradhan Saxena, Family Law Lectures-II (Student Series) (5th edn., Lexis Nexis) . ”

[10] §6. Hindu Succession Act,2005.

[11] 3 §12. Hindu Succession Act,2005.

[12] General Clauses Act, 1897.

[13] Gulati, K. and Anand, T., 2023. Inheritance rights of transgender persons in India. Indian Law Review, 7(1), pp.1-25.

[14] Satyajeet A Desai, Mulla Hindu Law, Lexis Nexis.

[15] Menski, W., 2010. Hindu law. Law & Just.-Christian L. Rev., 164, p.45.

[16]  Dr. Poonam Pradhan Saxena, Family Law Lectures-II (Student Series) (5th edn., Lexis Nexis 2021).

[17] The Holy Quran (3:6).

[18] THE INDIAN SUCCESSION ACT, 1925 ACT NO. 39 OF 1925.

[19] Sharma, R. (2018) “Inheritance Rights of Transgender A Cry of Humanity”, International Journal of Law Management & Humanities [Preprint].

[20] Maria Akram, ‘Christian transgenders to have equal rights on ancestral property’ The Hindu (New Delhi, 12 May 2016)

[21] 6 “Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity.”rep accessed April 24, 2018

[22] International Covenant on Civil and Political Rights (adopted 19 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR)

[23] Christine Goodwin v The United Kingdom, App no 28957/95 (ECHR, 11 July 2002).

[24] Dr Mohd Aslam Khaki versus Operations SSP Rawalpindi and others.” Constitution Petition no 43. Supreme Court of Pakistan, 2009.

[25] Transgender Persons (Protection of Rights) Act.

[26] § 3, Transgender Persons (Protection of Rights) Act.

[27] VIIth Schedule, List III, Entry 6.

[28] 2014 5 SCC 438.

[29] 5 “Uttar Pradesh Revenue Code (Amendment) Act, 28 of 2020.

[30] State Transgender Policy, Madhya Pradesh. Available At: https://aiggpa.mp.gov.in/uploads/project/State_Transgender_Policy1.pdf

[31] Transgender Welfare Board, 2008 https://tg.tnsw.in/webapp/index.aspx

[32] 0 Anand, V. and Gandhi, V. (2022) ‘Inheritance Rights through the Lens of the Transgender Community’, Jus Corpus Law Journal [Preprint].

[33] Neki, J.S., 1973. Guru-chela relationship. The possibility of a therapeutic paradigm. Am.

[34] Semmalar, G.I., 2014. Unpacking solidarities of the oppressed: Notes on trans struggles in India. WSQ: Women’s Studies Quarterly, 42(3), pp.286-291.

[35] Kalra, G. and Shah, N., 2013. The cultural, psychiatric, and sexuality aspects of hijras in India. International Journal of Transgenderism, 14(4), pp.171-181.

[36] llyas v Badshah Alias Kamla 1989 SCC OnLine MP 175.

[37] AIR 2014 SC 1863.

[38] Ajay Mafatlal case, Criminal petition No. 4943 0f 2014

[39] Arun Kumar v. Inspector General of Registration W. P. (MD) No. 4125 of 2019

[40] G Nagalakshmi v Director General of Police 2014 SCC OnLine Mad 2536

[41] Sumita Kumari v State of West Bengal 2016 (2) Cal LJ 455.

[42] Mulla Faizal v State of Gujarat 2000 SCC Online Guj 31.

[43]llyas v Badshah Alias Kamla 1989 SCC OnLine MP 175

[44] Sweety v. general public AIR2016HP148

[45] Narag, D. (2021) ‘Case Comment on Sweety (Eunuch) Vs General Public (2016)’, International Journal of Law Management & Humanities [Preprint]