Here’s the deal:
The SMA promotes a “no religion, all love” approach. So, when you register your marriage under this Act, it’s basically a secular union. This means both of you are seen as stepping outside your religious inheritance laws.
The SMA isn’t just about equal inheritance for Priya. Imran, being Muslim, wouldn’t be restricted by Muslim personal law, which limits him from giving away more than a third of his property. Under the SMA, he has the freedom to distribute his entire estate as he wishes.
Some couples have even gotten smart and used the SMA to ensure their children inherit under the Indian Succession Act, which can sometimes be more equitable than certain religious inheritance laws.
“The Special Marriage Act 1954 applies to marriages of persons who profess different religions. Since such Act promotes secularism, it follows that any inter faith marriage registered under this Act would be deemed to be a secular one. Parties are deemed to have severed from their families. Hence, in the present example, where a Hindu woman marries a Muslim man under the Act, the provisions of the Indian Succession Act 1925 would apply to the succession of the Hindu lady and not the the religion of her faith.
It also follows that the husband who professes Islam as religion would also be governed by the Indian Succession Act and not as per Muslim Law. The Hon’ble Bombay High Court in the case Bandookwala v. Bandukwala clearly emphasises the law on such point. Hence, a Muslim who marries under the Act is entitled to bequeath his entire property. There would be no restriction on him to bequeath only 1/3 of his property as mandated under the Muslim Personal Law,” said Jahnavi Kohli, Partner, ANB Legal.
Strategic Use of the Act:
Some couples have strategically used the Special Marriage Act to ensure their children inherit under the Indian Succession Act. This act often provides a more equitable distribution of property compared to some religious inheritance laws.
An Exception: Marriage Within Certain Religions
It’s important to note an interesting exception under Section 21 A of the Act. If a Hindu woman marries a man from another religion included under this section (Sikh, Buddhist, or Jain), their personal laws would still apply for inheritance purposes.
Landmark Case Clarifies Applicability:
The landmark case of Maneka Gandhi vs. Indira Gandhi and Anr. exemplifies this concept. Though Sanjay Gandhi’s marriage was registered under the Special Marriage Act, his inheritance was governed by Hindu personal laws due to Section 21 A, as both parties belonged to Hinduism.
“The case of Maneka Gandhi vs. Indira Gandhi and Anr., which dealt with the administration of the estate of Late Sanjay Gandhi, clearly elucidates the import and meaning of sections 19 to 21 of the Act and clarifies that by virtue of Section 21 A of the Act, his succession would be governed by his personal laws, i.e. Hindu Personal Laws, although his marriage was solemnised under the Special Marriage Act,” said Jahnavi Kohli, Partner, ANB Legal.
Moreover, the marriage of a Hindu woman with a Muslim man is solemnised under the Special Marriage Act, 1954, then there are two key implications on the Hindu woman’s estate.
Joint Family Property (HUF): If the woman is part of a Hindu Undivided Family (HUF) with shared property, her share becomes fixed upon marriage under the Special Marriage Act. This means she cannot claim a larger share later, even if the family acquires more property.
Inheritance Rules Change: If the woman dies without a will (intestate), the rules for inheritance change. Instead of following Hindu law (which grants equal shares to spouse and child), the Indian Succession Act applies. This act gives the husband a smaller share and the child a larger portion.
Marrying under the Special Marriage Act does not affect a woman’s right to inherit personal property from her family. These same inheritance changes apply if the woman marries someone Christian, Parsi, or belonging to any religion outside the aforementioned ones.
“Firstly, if she is a coparcener in a Hindu Undivided Family (HUF), then the marriage will sever her status as coparcener of such an HUF. In effect, her share in the HUF properties becomes defined at once and vests separately and she cannot later claim any right of survivorship in such properties. Secondly, succession to her property, should she pass away intestate (without making a Will), will no longer be as per Hindu law codified in the Hindu Succession Act, 1956 and instead will be governed by Indian Succession Act, 1925. The same principle applies even to intestate succession to the property of her children,” said Shaishavi Kadakia, partner at Cyril Amarchand Mangaldas, specialising in estate and succession planning.
An illustration of how this affects succession is as follows: If a Hindu female passes away intestate leaving behind a husband and one child, then the husband and child will take equal shares in the estate under the Hindu Succession Act. However, this changes under the Indian Succession Act, where the husband takes one-third share and the child takes the balance.
While the Special Marriage Act offers a path for interfaith couples to build a life together, understanding the inheritance implications – especially the exceptions – is crucial. Couples considering this Act should ideally consult a lawyer to ensure their wishes regarding inheritance are met and potential disputes are avoided. A well-drafted will can provide clarity and peace of mind for all parties involved.
First Published: Jul 12 2024 | 12:33 PM IST
