marriage registered under the Special Marriage Act

The Special Marriage Act, 1954 provides legal recognition to inter-faith marriages in India. However, a problem arises in determining rightful ownership of such couples’ properties in case of succession.

The subject of inheritance is dealt exclusively by the personal and family laws of the different religions in India. This poses a dilemma of determining which law of succession to consider for a child born out of a marriage registered under the Special Marriage Act.