In India, inheritance claims in cases of interfaith marriages are complex due to the application of different personal laws based on religion. The legal rights of spouses and children in interfaith marriages depend on whether the marriage was registered under the Hindu Marriage Act or the Special Marriage Act, or whether there are provisions outlined in a will.
Spouses in Interfaith Marriages:
In an interfaith marriage, the legal rights of the spouse in terms of inheritance largely depend on the applicable law governing their personal status. If the marriage is registered under the Special Marriage Act, which is a secular law, both spouses are treated equally under the law, regardless of their religion. This means that the surviving spouse has rights to inherit property, whether the deceased spouse was Hindu, Muslim, Christian, or from another religion.
Hindu Marriage Act: If one of the spouses is Hindu, the marriage would be governed by the Hindu Succession Act, under which the surviving spouse has inheritance rights over the deceased’s estate, unless a will specifies otherwise.
Muslim Personal Law: Under Muslim law, a spouse is entitled to inherit a fixed share of the estate, but this is more restrictive compared to other personal laws.
Christian and Parsi Personal Laws: Similarly, under Christian and Parsi laws, the surviving spouse may have limited inheritance rights.
Inheritance Rights of Children:
The children born out of an interfaith marriage are typically treated as legal heirs, irrespective of their parents’ religious background, under Indian succession laws. They can inherit from both parents based on the laws governing the religion of the parent who passed away.
Hindu Law: Under the Hindu Succession Act, children of a Hindu parent (whether born out of interfaith marriage or not) are entitled to inherit the deceased parent's property.
Muslim Law: Under Muslim personal law, children inherit from their Muslim parent according to the prescribed share ratios, and they may have no claim on the non-Muslim parent's estate unless specified by a will.
Special Marriage Act: If the marriage was registered under the Special Marriage Act, the inheritance of children is governed by the Indian Succession Act, which gives children equal inheritance rights, regardless of their parent's religion.
Inheritance under a Will:
In cases where the deceased person had a valid will, the terms of the will may override the default inheritance provisions of personal laws. If the will explicitly mentions the distribution of assets, the estate will be distributed as per the will, irrespective of the deceased’s religion. However, if the will is contested or deemed invalid, inheritance claims will be subject to the applicable personal laws.
Succession in the Absence of a Will: In the absence of a will (intestate succession), inheritance is determined based on the personal law of the deceased. If one spouse belongs to a different religion, the inheritance rights of the surviving spouse and children will depend on whether the marriage was solemnized under the Special Marriage Act (in which case the Indian Succession Act applies) or under the personal laws of either spouse’s religion.
Marriage Under the Special Marriage Act: A marriage registered under this secular law allows the couple to be treated equally, and inheritance rights are governed by the Indian Succession Act, regardless of the parties' religions.
Personal Laws: In interfaith marriages where personal laws apply, the inheritance rights of the surviving spouse and children are governed by the respective religious laws.
Will and Testament: A valid will can provide clarity on inheritance distribution and supersede the usual laws of succession.
If a Hindu man marries a Muslim woman under the Special Marriage Act, and the man passes away, his wife will have inheritance rights under the Indian Succession Act, which applies to marriages registered under this Act. Their children, regardless of their religion, will inherit from both parents in accordance with the Indian Succession Act. However, if the same man had married under the Hindu Marriage Act, the wife would inherit based on Hindu laws, while the Muslim wife in the same situation would have different inheritance rights under Muslim law, which might limit her share.
Answer By Law4u Team
Discover clear and detailed answers to common questions about Family Law Guides. Learn about procedures and more in straightforward language.
