Section 21 of SMA : Section 21: Succession To Property Of Parties Married Under Act

Explanation using Example

Imagine a couple, Ravi and Sophie, who come from different religious backgrounds. They decide to get married under the Special Marriage Act, 1954, which allows for a civil marriage irrespective of the couple's religion. After several years of marriage, Ravi passes away without leaving a will. Normally, succession laws can be specific to different religious communities, but because their marriage was solemnized under the Special Marriage Act, the succession to Ravi's property will be governed by the Indian Succession Act, 1925. This means Sophie and their children will inherit Ravi's property according to the rules laid out in the Indian Succession Act, unaffected by the specific religious or community-based succession laws that would have applied if their marriage had been conducted under their respective personal laws.