Report No. 59
9.11. Special Marriage Act.-
Under section 21 of the Special Marriage Act (so far as is material), succession to the property of the parties marrying under the Act and to the property of the issue of such marriage shall be regulated by the Indian Succession Act, 1925, notwithstanding that under that Act (i.e. under the Succession Act), there are certain restrictions with respect to its application to members of certain communities. This section, of course, does not alter the general family structure between the person marrying under the Act and his son1. It may, incidentally, be noted that when a person is converted, succession to him is governed by the law applicable in his religion2.
In our opinion, it is desirable to exclude from the scope of this section cases where both the parties are Hindus. In such cases, the law of succession otherwise applicable should continue to apply. We see no reason why the fact that the parties choose to marry under the Special Marriage Act should make a difference in such cases i.e. where both are Hindus. We recommend3 that such cases should be excluded from section 21.
1. Sridharan v. C.I.T., AIR 1970 Mad 292 (294): (1970) 2 ivn4 334.
2. Mittar Sen v. Maqbul Hasan, AIR 1930 PC 251.
3. See section 21A, SMA (proposed).