Dr. J. James Jayapaul M.A., M.L., D.L.A.L., Ph.D., Principal (FAC)/Associate Professor, Govt.Law College Ramanathapuram
ABSTRACT
The personal laws in India elaborately discuss about the various modes by which the property of an intestate person can be devolved. The Hindu law expressly classifies the property of a Hindu male and differentiates the beneficiaries based on the nature of property (i.e) Ancestral or Self acquired. It is specifically mentioned from section 6 to section 16 of the Hindu Succession Act,1956. Similarly the Christian law of succession under Indian Succession Act , 1925 , categorically deals with the self acquired property of a Christian died intestate and allots one third and one half to widow and widower in the presence and absence of children. With regard to Mohammedan Law also the muslim male and female were allotted respective shares under sunni and shia law based on their capacity as sharers , residuaries and distant kindred. Though the major personal laws deals briefly about their specific rules of succession they do not include the succession rules for transgenders. Transgender persons have been part of Indian society for centuries. The “third sex” or persons not confirm to male or female genders were having historical evidence from the commencement writings of early ancient India.
Keywords: Transgender, Succession, Intestate, Property Rights, Legal Heirs.
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