Code: Section 20 of The Special Marriage Act (SMA)
Section 20: Rights and Disabilities Not Affected by the Act
Subject to Section 19, a person whose marriage is solemnized under this Act will have the same rights and disabilities in property succession as someone covered by the Caste Disabilities Removal Act, 1850 (21 of 1850).
Explanation of Section 20 of the Special Marriage Act (SMA)
Section 20 ensures that a person marrying under the Special Marriage Act (SMA) retains their rights regarding property succession, similar to a person under the Caste Disabilities Removal Act, 1850.
- Unchanged Rights: The marriage does not change the person’s rights in relation to inheriting property.
- Property Succession: The law ensures that the individual’s right to inherit property remains the same, unaffected by the marriage.
In short, this section guarantees that the person’s rights in terms of inheritance are preserved, just as they would be under the Caste Disabilities Removal Act, 1850.
Illustration
Example 1: Property Rights After Marriage
A person marries under the Special Marriage Act (SMA). Their rights to inherit property are the same as someone under the Caste Disabilities Removal Act, 1850. The marriage does not alter these rights.
Example 2: Inheritance Without Disruption
Even after marriage under the Special Marriage Act (SMA), an individual retains the same rights to inherit property as they would if they were covered by the Caste Disabilities Removal Act, 1850.
Common Questions and Answers on Section 20 of the Special Marriage Act (SMA)
1. How does marriage under the Special Marriage Act affect property rights?
- Answer: Marriage under the Special Marriage Act (SMA) does not change the person’s property succession rights. They remain the same as someone under the Caste Disabilities Removal Act, 1850.
2. Why is the Caste Disabilities Removal Act mentioned in this section?
- Answer: The Caste Disabilities Removal Act, 1850 removed restrictions on property rights. Section 20 ensures that individuals marrying under the SMA have the same rights to inherit property as those covered by the Act.
3. Does this apply to all marriages under the Special Marriage Act?
- Answer: Yes, all individuals marrying under the SMA have the same inheritance rights, as specified in Section 20, with no changes to their property succession.
Conclusion
Section 20 of the Special Marriage Act (SMA) protects an individual’s right to inherit property, just as if they were governed by the Caste Disabilities Removal Act, 1850. The marriage does not alter their property rights, except where Section 19 applies.