The Special Marriage Act, 1954 provides a legal framework for the registration and solemnisation of civil marriages in India.

Unlike the Hindu Marriage Act, which is specific to Hindus, or other personal laws, the Special Marriage Act (SMA) allows for marriages between individuals of different faiths or those who prefer a secular form of marriage.

It ensures legal validity to marriages without adhering to religious traditions and is widely used for court marriages.

A key concern for couples under the special act marriage is property succession and inheritance laws.

In this article, we will explore how property rights are determined for couples married under the SMA, the implications of different personal laws, and how estate planning plays a role in securing inheritance rights.

Understanding The Special Marriage Act

The Special Marriage Act governs marriages in which two persons choose to marry irrespective of their religion applicable or personal laws.

This law applies to Indian nationals residing within or outside India and provides a legal procedure for marriage solemnisation.

Key Features of the Special Marriage Act:

• Marriage Registration: A valid marriage certificate is issued upon successful registration.
• Interfaith & Secular Marriages: Recognises unions between individuals of different faiths without religious conversion.
• Marriage Solemnisation: Must be conducted before a marriage officer in the presence of three witnesses.
• Notice of Intended Marriage: Requires a thirty-day notice before registration.
• Prohibited Relationships: Ensures that individuals within a prohibited relationship under the law cannot marry.

Marriage Solemnization & Property Rights

Unlike marriages performed under religious rites, a marriage solemnised under the SMA is a civil contract.

This impacts property rights, as inheritance is governed by the Indian Succession Act, 1925, rather than Hindu, Muslim, or Christian personal laws.

1. Succession Rights Under the Indian Succession Act

For individuals married under the Special Marriage Act, property succession follows the Indian Succession Act, 1925, which outlines how assets are distributed in case of intestate succession (when a person dies without a Will).

• For Hindus, Sikhs, Buddhists, and Jains: The Hindu Succession Act, 1956 governs inheritance, except in cases where the couple chooses to opt for the Indian Succession Act.
• For Christians, Parsis, and Jews: Inheritance follows the Indian Succession Act.
• For Muslims: The Muslim Law of Inheritance applies unless the couple explicitly states their preference for the Indian Succession Act.

2. Impact on Spousal Rights & Property Ownership

• The lawful wife under the Special Marriage Act has equal rights to property acquired during the marriage.
• Children of SMA marriages have equal inheritance rights, just as they would under personal laws.
• In most cases, self-acquired property of a spouse is inherited by the surviving husband or wife and children.

Property Rights Of Spouses & Children

1. Self-Acquired Property

If a person dies intestate (without a Will), the surviving spouse, children, and legal heirs inherit the entire property as per the Indian Succession Act.

2. Ancestral Property

• For Hindus, ancestral property laws differ based on whether the couple opted for the Hindu Succession Act or Indian Succession Act.
• Sons and daughters have equal rights in ancestral property.

3. Rights of Women & Daughters in SMA Marriages

• Married daughters have equal inheritance rights.
• Widows are entitled to their share of property ownership.
• If a woman dies intestate, her husband’s heirs may have a claim in certain cases.

Role Of A Will & Estate Planning

To avoid disputes in property succession, couples married under the Special Marriage Act are encouraged to have a valid Will in place.

Here’s why:

• Ensures clarity in property transfers.
• Prevents legal disputes among heirs.
• Secures rights of children and spouse living.

Documents Required for Estate Planning

• Marriage Certificate: Issued by the marriage registrar.
• Will or Legal Deed: Specifies asset distribution.
• Nomination in Bank Accounts: Ensures smooth transfer of funds.
• Succession Certificate: If no Will is present, legal heirs must obtain this from a court.

Divorce, Remarriage & Property Rights

1. Divorce & Property Division

• Upon divorce, assets are divided based on marital status and contribution.
• The Supreme Court has ruled that spouses are entitled to a fair share of marital assets.

2. Second Marriages & Property Disputes

• A legally recognised second wife under the Special Marriage Act has property rights, but disputes may arise if there is a first wife.
• In the absence of a Will, property may be split between children from both marriages.

The Bottom Line: How Yellow Can Help

The Special Marriage Act provides equal rights and legal protection to couples, ensuring their property succession follows the Indian Succession Act.

By understanding the legal requirements, succession rules, and estate planning options, couples can safeguard their wealth and ensure a smooth transition of assets to their heirs.

To avoid potential legal complications, individuals married under this special form of union should consider drafting a Will, obtaining necessary succession documents, and consulting an expert for property succession planning.

At Yellow, we can help you with all aspects of estate planning, including Wills, Trusts, Powers of Attorney, Gift Deeds, Legal Heir and Succession Certificates, and Living Wills. We also offer post-demise and asset transfer services. Our team of legal experts has more than 50 years of combined experience.