One must know that if you have given a notice of 30 days before the solemnization of marriage and later appeared before the Marriage Registrar to solemnize your marriage, you are married under the Special Marriage Act, 1954.
One must understand that when a person is married under Special Marriage Act, in such scenario, property owned by that couple will be governed by Indian Succession Act. For Eg: If a person professing hindu religion marries a person professing religion other than Hindu, and the they get married under Special Marriage Act mentioned above, the property owned by this couple would be governed by Indian Succession Act and not Hindu Succession Act. Further, that Hindu ceases to be a coparcener in the Hindu Undivided
There is difference in the way a property is inherited under different Succession Acts:
Under Indian Succession act – For eg, on the death of the male (having children), his Widow gets 1/3rd share & his children gets remaining 2/3rd share, divided among them equally. Therefore, if the couple has only one child, that child will inherit 2/3rd of the share in father’s property.
Under Hindu succession act – On the death of the male, his mother, widow and children have equal share in the deceased property
However, there is an exception to the above rule. Under Section 21A of the Special Marriage Act, 1954, when a marriage is solemnized by any person who professes Hindu religion to any person who professes Hindu religion under Special Marriage Act, in this scenario Hindu Succession Act, 1956 will continue to apply. Furthermore, he continues to be a coparcener in Hindu Undivided Family.
We at SN Legal, Advocates & Solicitor, are equipped in providing appropriate Succession planning solutions applicable to your scenario. Please contact us for consultation.