No one is single. Not a single woman. Family only. These are some of the restrictions that still welcome Indian tenants in their home-search journey. And, the concept of a family has traditionally been so defined that it excludes LGBTQ couples from a large part of India’s rental market.
A Peppermint An analysis of rental listings on 99acres.com, one of India’s largest property portals, reveals that the number of properties available for ‘single men’ or ‘single women’ is 30-fold of the number of properties available for ‘families’. 50% is between. To be sure, a property may be open to both or all three categories of people, but a basic search filter of ‘single male’ narrows down the number of listings considerably.
A constitution bench of the Supreme Court is currently hearing a petition to legalize same-sex marriages. A positive outcome could lead to a change in attitudes towards the LGBTQ community and an improvement in the rental market. But, it still cannot help them get rental accommodation. Landlords will still have the freedom to choose tenants according to their cultural, religious, linguistic or other preferences.
“I had booked a flat but the landlord later told me that it was only for families. If LGBTQ couples are not recognized as a family, we will forever be denied flats meant for families,” said Yogesh Bharambe, an IT sector professional based in Pune.
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Such discrimination also deters LGBTQ couples from availing home loans. While any two persons can buy a property together, only relatives bound by blood or marriage can apply for a home loan jointly. If same-sex marriage is not legalised, it will not enable LGBTQ partners to apply for loans together.
“Home loan is very important for most of the couples in India. Same-sex marriage will provide a good financial opportunity for the LGBTQ community, said Ankit, founder of Smart Sync Services, a SEBI-registered investment advisory firm.
However, legalizing same-sex marriage will not automatically solve succession laws. “Inheritance laws, which differ for different communities, recognize the rights of a “spouse” on the basis of gender. A same-sex spouse inherits a partner’s property in case of the latter’s untimely death. shall not automatically be entitled to claim legal rights.” said Narendra Dingankar, partner, Pioneer Legal. “This would require suitable amendment to the succession law.”
However, by writing a will in favor of the spouse, the spouse will be able to claim rights over the property and other assets.
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