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@article{184472,
author = {Kaji Mainuddin and Dr. Jesmin Banu Khan},
title = {Beyond Binary Laws: Recognizing the Inheritance Rights of Transgender Individuals in India},
journal = {International Journal of Innovative Research in Technology},
year = {2026},
volume = {12},
number = {4},
pages = {1676-1681},
issn = {2349-6002},
url = {https://ijirt.org/article?manuscript=184472},
abstract = {This research examines the inheritance rights of the transgender community in India, a subject that lies at the intersection of law, social justice, and human rights. The objective is to analyze the existing legal framework governing inheritance laws in India, with particular reference to personal laws and the gaps in recognizing transgender persons’ rights. The study adopts a doctrinal research methodology, reviewing constitutional provisions, statutory enactments, and landmark judicial pronouncements, including the NALSA v. Union of India (2014) and Navtej Singh Johar v. Union of India (2018) cases. Additionally, comparative perspectives from other jurisdictions and secondary data from government and NGO reports are used to contextualize the issue. The findings reveal that despite the legal recognition of transgender persons as a ‘third gender,’ inheritance rights remain ambiguous and inconsistently applied under personal laws, often leaving transgender individuals vulnerable to exclusion, discrimination, and denial of property rights. The research concludes that comprehensive reforms are required to harmonize inheritance laws with constitutional guarantees of equality, dignity, and non-discrimination. Strengthening legal literacy, sensitizing judiciary and society, and enacting gender-neutral inheritance provisions are recommended as essential steps toward ensuring justice for the transgender community in India.},
keywords = {Transgender rights, Inheritance laws, Gender justice, Property rights, Indian legal system, Human rights.},
month = {March},
}
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