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Succession of Inter-Faith Marriages Under the Special Marriage Act, 1954
The diverse and pluralistic society of India encompasses a wide array of religious beliefs and practices. In India, couples whose spouses belonging to different religions, face challenges when it comes to succession and inheritance of the assets.
The legal system of India provides for personal laws based on the religion of the individual which governs the various aspects of family life of an individual including marriage, divorce, and inheritance. These personal laws are:
- Hindu Succession Act, 1956 which governs those belonging to Hindus, Buddhists, Jains and Sikhs.
- Indian Succession Act, 1925 which is applicable to Christians and interfaith couples who choose to marry under the Special Marriage Act, 1954.
- Muslim Personal Law (Shariat) Application Act, 1937 which governs Muslims, with inheritance rules that are primary derived from the Quran.
The Special Marriage Act, 1954 provides a legal framework for the marriage of individuals regardless of their religion and allowing them to retain their respective personal laws. The SM Act also covers the succession and inheritance, ensuring that the couple’s marriage and related matters are governed under the Indian Succession Act, 1925. The applicability of the SM Act is not just limited to interfaith couples, even couples professing same religion can choose to marry under the SM Act.
Even though there is a proper legal provision, interfaith couples often face challenges such as social stigma, family opposition and interference at the time of succession of assets of a deceased spouse and other hurdles to prevent these kinds of mishaps from happening it is advised to have a proper documentation to maintain comprehensive records of all the assets, including joint ownership agreements, nominations and Wills. It is also recommended to have an open discussion with the family members to invoke transparency and awareness of the details of the assets and to avoid future disputes.
By understanding the legal framework and taking proactive measures, interfaith couples can ensure that their assets are distributed according to their wishes, minimizing potential conflicts and providing financial security of the heirs.
