Law of Succession under Special Marriage Act

The Special Marriage Act, 1954 provides legal recognition

to inter-faith marriages in India. However, a problem
arises in determining rightful ownership of such couples’
properties in case of succession. The subject of
inheritance is dealt exclusively by the personal and family
laws of the different religions in India. This poses a
dilemma of determining which law of succession to
consider for a child born out of a marriage registered
under the
Special Marriage Act.

In 1925, the Indian Succession Act was implemented to

cater to this predicament. The Act establishes that a
couple married under the Special Marriage Act has to
take severance from a joint family, in order to override
the succession laws of their respective religions.
Succession Laws in Case of Civil Marriages

The Special Marriage Act calls for registration of a

marriage in a civil ceremony. The position of succession
in case of a civil marriage is as follows:

• If both parties to the civil marriage are Hindu Sikh, Jain

or Buddhist, The Indian Succession Act will cease to be
valid. The parties will be governed by the Hindu
Succession Act.

• If only one party is a Hindu, Sikh, Jain or Buddhist and

the practices another religion, the Indian Succession Act
is applicable.

• When a Muslim, Christian or Parsi opts for a civil

marriage, within or outside his/her community, the
Indian Succession Act is applicable. Special Marriage Act
and Succession: A Final Word While the Special Marriage
Act, 1954 has created a feasible scope for succession,
individuals are still hesitant to register under the Act.
This is because most religious segments in India give
high importance to their respective personal laws of
succession; and the prospect of giving it away compels
them to disregard the Act. For instance, in Islamic Law,
the scope of inheritance is drawn directly from the Holy
Qur’an, inhibiting Muslims from seeking legal recognition
under the Special Marriage Act.