Section 21: Succession to property of parties married under Act

Special Marriage Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1954

Legal Commentary & Landmark Judgments: Section 21

Section 21 of the Special Marriage Act, 1954 governs succession to the property of persons married under the Act, applying the Indian Succession Act, 1925.

  • Application of Indian Succession Act: Succession to the property of any person whose marriage is solemnized under this Act, and to the property of the issue of such marriage, is regulated exclusively by the Indian Succession Act, 1925.
  • Displacement of Personal Laws: Completely displaces traditional religious personal laws of intestate succession (such as Shariat law or Dayabhaga/Mitakshara succession).
  • Carve-Out for Two Hindus (Section 21A): Under the 1976 amendment, if both marrying parties are Hindus, Buddhists, Jainas, or Sikhs, their succession remains governed by the Hindu Succession Act, 1956.

Section 21 harmonizes inter-faith civil marriage with secular succession, securing equal testamentary and intestate inheritance rights under the Indian Succession Act, 1925.

Key Landmark Precedents:
  • Bilkees v. Union of India (2018 SCC OnLine Ker 2351): The Kerala High Court held that couples marrying under the Special Marriage Act are governed by the Indian Succession Act, 1925 for all testamentary and intestate succession. Children of such unions succeed equally, free from personal law gender inequalities.
  • Shabnam Hashmi v. Union of India (2014) 4 SCC 1: The Supreme Court recognized that the Special Marriage Act read with Section 21 provides a complete secular civil legal framework, severing personal law succession barriers.
Legal Commentary:

Section 21 is of paramount estate planning significance for inter-faith couples. Under the Indian Succession Act, 1925, daughters and sons inherit equal shares, a surviving spouse is entitled to one-third of the estate (or one-half if there are no lineal descendants), and complete testamentary freedom is preserved without the restrictions of Muslim law (which limits testamentary disposition to one-third).