Meena, a Hindu, and Raj, an Indian Christian, married under the Special Marriage Act, 1954 and own a…
Section 21 of the Special Marriage Act, 1954 directs that succession to Raj's property is regulated by the Indian Succession Act, 1925. The section 21A exception for couples…
Choose your answer
Meena, a Hindu, and Raj, an Indian Christian, married under the Special Marriage Act, 1954 and own a house in Uttar Pradesh in separate undivided shares. Raj dies intestate. Which enactment supplies the substantive rules for devolution of Raj's share?
Answer and explanation
Correct answer C
Section 21 of the Special Marriage Act, 1954 directs that succession to Raj's property is regulated by the Indian Succession Act, 1925. The section 21A exception for couples both within the specified religious groups does not apply here.
Only Raj's share is part of his estate. Section 33 of the Indian Succession Act provides for the surviving spouse, so the stated facts do not support escheat.
Option feedback
Option A
Section 21 of the Special Marriage Act identifies the applicable law. It directs that succession is regulated by the Indian Succession Act.
Option B
The surviving spouse's religion does not make the Hindu Succession Act govern the Christian intestate's estate. The special rule in section 21A does not apply to this mixed marriage.
Option C
The Indian Succession Act supplies the substantive rules for devolution through section 21 of the Special Marriage Act.
Option D
The existence of a surviving spouse with rights under the Indian Succession Act defeats the assertion of escheat on the stated facts.
Practice for these exams
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Uttar Pradesh Higher Judicial Service