Code: Section 21 of The Special Marriage Act (SMA)
Section 21: Succession to Property of Parties Married Under the Act
Notwithstanding any restrictions in the Indian Succession Act, 1925 (39 of 1925), regarding its application to certain communities, the succession to the property of any person married under this Act, and their children, will follow the provisions of the Indian Succession Act. Chapter III of Part V (Special Rules for Parsi Intestates) is excluded for marriages under this Act.
Explanation of Section 21 of the Special Marriage Act (SMA)
Section 21 explains how property will be inherited by people married under the Special Marriage Act (SMA). This section overrides certain restrictions in the Indian Succession Act, 1925 that apply to specific communities.
- Succession to Property: The property rights of individuals married under the SMA will be handled under the Indian Succession Act, regardless of their community.
- Omission of Specific Rules: The rules that apply to Parsi intestates under Chapter III of Part V of the Indian Succession Act are not relevant for marriages under the SMA.
Illustration
Example 1: Property Rights of SMA Marriages
If a person married under the SMA passes away, their property will be inherited according to the Indian Succession Act, no matter their community.
Example 2: Exclusion of Parsi Succession Rules
A person married under the SMA is not subject to the Parsi intestate rules, even though such rules exist for Parsis under the Indian Succession Act.
Common Questions and Answers on Section 21
1. Does this section affect property rights for those married under the SMA?
- Answer: Yes, property rights will follow the Indian Succession Act for anyone married under the SMA, overriding community-based laws.
2. Why are the Parsi intestate rules excluded?
- Answer: The Parsi intestate rules are excluded to maintain uniformity, ensuring that all marriages under the SMA follow the same rules for property succession.
3. Does this section apply to the children of the marriage?
- Answer: Yes, it applies to both the individuals married under the SMA and their children.
Conclusion
Section 21 ensures that property succession for individuals married under the Special Marriage Act (SMA) will follow the Indian Succession Act. It excludes special rules for Parsi intestates, providing a consistent approach for property inheritance across all communities.
