No bachelors. No single women. Only families. These are some of the restrictions that still greet Indian tenants in their house-hunting journey. And, the concept of a family is so traditionally defined that it excludes LGBTQ couples from a large swathe of India’s rental market.
No bachelors. No single women. Only families. These are some of the restrictions that still greet Indian tenants in their house-hunting journey. And, the concept of a family is so traditionally defined that it excludes LGBTQ couples from a large swathe of India’s rental market.
A Mint analysis of rental listings on 99acres.com, one of India’s large property portals, shows that the number of properties available to ‘single men’ or ‘single women’ is between 30-50% of that available to ‘families.’ To be sure, a single property can be open to both or all three categories of people, but a basic search filter of ‘single men’ narrows down the number of listings significantly.
A Mint analysis of rental listings on 99acres.com, one of India’s large property portals, shows that the number of properties available to ‘single men’ or ‘single women’ is between 30-50% of that available to ‘families.’ To be sure, a single property can be open to both or all three categories of people, but a basic search filter of ‘single men’ narrows down the number of listings significantly.
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A constitution bench of the Supreme Court is currently hearing a batch of petition seeking legal recognition for same-sex marriages. A positive outcome may lead to change of attitudes and improve the rental market for the LGBTQ community. But, it may still not help them get rental accommodation. Landlords will still have the freedom to select tenants as per their cultural, religious, linguistic or other preferences.
“I had finalized a flat but the landlord later told me that it is only for families. If LGBTQ couples are not recognized as a family, we will always be denied flats meant for families,” said Yogesh Bharambe, an IT sector professional based in Pune.
This sort of discrimination is what hinders LGBTQ couples from availing a home loan as well. While any two people can buy a property together, only relatives bound by blood or marriage can apply for home loans jointly. This would never enable LGBTQ partners to apply for a loan together if gay marriage is not legalized.
“A home loan is very critical for a majority of couples in India. Same-sex marriage will provide a good financial opportunity for the LGBTQ community,” said Ankit, founder, Smart Sync Services, a Sebi-registered investment advisory firm.
However, legalizing of gay marriage won’t automatically resolve succession laws. “Succession laws, which vary for different communities, recognize the rights of a “spouse” based on gender. A same-sex spouse will not automatically be entitled to claim legal rights over property of a partner in case of the latter’s untimely death ,” said Narendra Dingankar, partner, Pioneer Legal. “This will require suitable amendments to the succession law.”
However, writing a will in favour of the spouse will enable the latter to claim rights over property and other assets.
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