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Section 21: Effect of marriage between person domiciled and one not domiciled in India

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 20 All 391 Sections of Indian Succession Act Section 22

Legal Commentary & Landmark Judgments: Section 21

Section 21 regulates the effect of marriage on property rights where one spouse is domiciled in India and the other spouse has a foreign domicile.

  • Private International Law Nexus: Governs cross-border matrimonial property rights when a person domiciled in India marries a person not domiciled in India.
  • Indian Domicile Governs: If the parties marry in India, their rights in respect of movable property are governed by the law of the husband's domicile unless an express contract provides otherwise.
  • Lex Situs for Immovable Property: Immovable property situated in India remains strictly governed by the law of India (lex situs), irrespective of foreign marriage or foreign domicile.
Key Landmark Precedents:
  • Sondur Gopal v. Sondur Rajini (2013) 7 SCC 426: The Supreme Court affirmed that principles of private international law under Indian statutes dictate that rights in immovable property are governed exclusively by the lex situs of India.
  • Central Bank of India v. Ram Narain AIR 1955 SC 36: Held that domicile is an essential determinant of personal status and governs succession to movable property across national borders.
Courtroom Practice & Strategic Litigation Guidance:

In cross-border probate or succession disputes involving NRIs, counsel must partition the estate into movables (governed by the deceased's domicile at death under Section 5) and immovables (governed strictly by Indian law under Section 21 r/w Section 5(1)).

Section 20 All 391 Sections of Indian Succession Act Section 22