• Dr P.BRINDA

Law of Succession is of two types namely testamentary succession and intestate succession. The Jurist Salmond refers to four modes of property acquisition, possession, prescription, agreement, and inheritance. Due to lack of legal recognition, the transgender person is denied property rights including the right to the residence. After a long battle, the Constitution of India recognizes transgender as the third gender. However, the other legislations are not still silent in recognising various rights including the right to property. Most of the succession laws do not treat females on par with males. As the transgender can be of two kinds i.e. transmen and transwomen, further complicate the vesting of rights. The controversy with regard to the identification of transmen or transwomen plays a pivotal role in the law of succession. Though Hindu law provides equal rights to males and females, the Muslim personal law provides only half of the share to the female than that of the male sharer. It is fact that men include women. Therefore, changes to be made to include, transgender within the meaning or a gender-neutral term ‘person’ should be used in legislation. However, in the law of succession, interpretation is much required in a few personal laws to include property rights for transgender people.

succession, transgender, personal laws

"PROPERTY RIGHTS ENDOWED ONTO GENDER-BENDING", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.9, Issue 8, page no.f340-f347, August-2022, Available :http://www.jetir.org/papers/JETIR2208533.pdf

"PROPERTY RIGHTS ENDOWED ONTO GENDER-BENDING", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.9, Issue 8, page no. ppf340-f347, August-2022, Available at : http://www.jetir.org/papers/JETIR2208533.pdf