Can I get inheritance from my non-supportive family ?
How to get my rightful property back after transitioning? By Sriraksha V Srivastava
After transitioning the property under your name or the property you were to inherit is going to be yours. How can you ensure that? Well Sriraksha tells us the legal recourse we can take to ensure that our property remains rightfully ours.
How to get my inheritance back? Will my siblings deny me?
A lot of us have run away from home and lived tough lives because our family does not accept us. After the transition, can we still get our rights on our familial property?
Go to a Civil Court
Go to the City Civil Court where your property lies and then, ask for a Declaration of Property which would show that you were an heir of that property and who is getting it now. You can also ask for a Declaration of Partition, in which, you can show that you were legally entitled to a part of the property.
What if there is no proof of you being an heir?
Sriraksha says that cases without proof always trigger the courts to ask for a DNA test. Most of these cases take this route.
What if they have legally declared me dead and taken my property? Is this a criminal offence?
Family members often declare us trans people dead. This makes it easy for them to deny us a part of the property as well as the family. This is an illegal act as they are misrepresenting the facts of the matter.
What can be the recourse?
You can file a case with the police and you could go to the civil court and declare your identity and declare that you have a right over that property too. You can say, you were a legal heir and they have declared you dead and have divided the property amongst themselves or sold it.
Then you could go claim your right over the property, which is called a “Declaration of Title”. You decide how much of the property is yours. Or you could say, that this is what is my part in the property which is a “Declaration of Partition”. This is what you can do. This might take a lot of time but it is a great re course.
Can I transfer my pre-transition property into my name?
The Transgender Persons’ Protection ACT of 2019 has said in its Section 3 Subclause G that you cannot deny any trans people their property.
You cannot take away from the things that they have enjoyed till now merely because of their transition. This is true for their own property as well as rental property.
How can I transfer it to my name?
Use the TG ACT or the Gazette method and change your name and gender. Then go to the sub-register office and change your property details in the registers.
