In 2018, India marked a significant milestone by decriminalizing homosexuality through the Supreme Court’s repeal of Section 377. While this was a crucial step forward for LGBTQIA+ rights, the legal recognition of same-sex marriages remains elusive in the country. This absence of formal marriage rights has wide-ranging implications for same-sex couples, especially when it comes to matters related to property, succession, and inheritance.
Here are five important considerations that same-sex couples should keep in mind when buying property in India:
- Joint Property Ownership: Unlike heterosexual couples, same-sex couples cannot jointly own residential property as they lack legal recognition as a married couple. While they can own property as individual co-owners, the satisfaction of jointly owning a property as a couple remains out of reach.
- Potential Changes with Legal Marriage: The legal recognition of same-sex marriages could significantly impact real estate ownership. It would allow same-sex couples to jointly apply for residential plots under various government schemes, granting them the privileges enjoyed by legally married couples.
- Inheritance Challenges: In India, succession laws are dictated by personal laws based on religious communities. These laws classify heirs into gender-based groups, and they do not recognize same-sex marriages. This means that same-sex spouses do not have automatic inheritance rights. Legalizing same-sex marriages would necessitate amendments to personal laws governing succession to grant same-sex spouses legal inheritance rights.
- Joint Home Loans: Currently, only blood relatives or legally married couples can jointly apply for home loans. LGBTQ+ partners cannot avail of joint home loans due to the lack of legal marriage recognition. With legal recognition of same-sex marriages, these limitations would no longer apply, allowing LGBTQ+ partners to access joint home loans.
- Global Variances: The recognition of LGBTQ+ rights, including property ownership and inheritance, varies significantly around the world. Some countries permit same-sex couples to jointly own property and enjoy financial rights on par with heterosexual couples, while others still uphold discriminatory practices. The global landscape reflects the ongoing struggle for equal rights and recognition, shaped by diverse cultural, social, and legal perspectives on LGBTQ+ issues.
The absence of legal marriage rights for same-sex couples in India continues to present challenges in various aspects of life, including real estate. While progress has been made, the journey towards full equality and recognition is still ongoing.
