A Hindu and a Christian marry under the Special Marriage Act, 1954. Under its general succession rule,…
Section 21 of the Special Marriage Act sends succession to the Indian Succession Act. Section 21A creates an exception where both spouses profess a religion from the…
Choose your answer
A Hindu and a Christian marry under the Special Marriage Act, 1954. Under its general succession rule, which enactment governs intestate succession to the Hindu spouse’s property?
Answer and explanation
Correct answer A
Section 21 of the Special Marriage Act sends succession to the Indian Succession Act. Section 21A creates an exception where both spouses profess a religion from the statutory list of Hinduism, Buddhism, Sikhism and Jainism. That exception does not cover the stated Hindu–Christian marriage. Section 5(i) of the Hindu Succession Act excludes property governed by the section 21 rule.
Option feedback
Option A
Section 21 directs succession under the Indian Succession Act. The parties’ religions place this marriage outside section 21A.
Option B
Section 5(i) excludes property whose succession is regulated by the Indian Succession Act because of section 21 of the Special Marriage Act.
Option C
The Hindu Marriage Act governs Hindu matrimonial matters. Section 21 of the Special Marriage Act supplies the succession rule here.
Option D
The Prohibition of Child Marriage Act addresses child marriage, including annulment and related remedies. The succession rule comes from section 21 of the Special Marriage Act.
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