Though inter-faith marriages are becoming increasingly common and not as frowned upon as they used to be, they are yet to find total acceptance in Indian society. In many such marriages, where spouses have not converted to each other’s religion, the faith that children should follow sometimes becomes a bone of contention. Another major concern is the inheritance rights of couples who belong to different religions. Let’s look at the latter.
Inter-faith Marriages & Law
In India, ‘marriage’ falls under the ambit of personal law, which depends on a person’s religion. For example, Hindu Marriage Act, 1955, allows marital union between Hindus, Jains, Sikhs and Buddhists. Indian Christian Marriage Act, 1972, also permits inter-faith unions, provided that one of the partners is a Christian. Islamic law deems that inter-faith marriages between a Muslim and a person from another faith can be regularised with conversion.
The Special Marriage Act, 1954, allows people from different religions to marry each other without conversion, but it comes with a different set of hurdles. To begin with, it’s mandatory to give a 30-day notice period for such marriages. The couple has to submit an application to the office of the Sub-Divisional Magistrate, after which an intimation is sent to their permanent addresses regarding the same. A notice is also put up at the SDM’s office. During this 30-day period, any Indian citizen has the right to raise an objection against the impending wedding. It also requires three witnesses, as opposed to the two required in other marriages (as per various personal laws).
In short, inter-faith marriage is not a cakewalk as far as Indian laws are concerned. It’s not much different when it comes to inheritance, either.
Inheritance in inter-faith marriages
As per Hindu laws, if any Hindu, Jain, Sikh or Buddhist marries outside his/her religion and converts, he/she loses the right to inherit ancestral property. If a Hindu marries as per the Special Marriage Act, too, he/she loses his status as a coparcener (someone with equal inheritance rights in an undivided property).
In the case of intestate deaths, unless the couple and their children convert back to Hinduism before the demise of the testator, they will not be able to claim inheritance. While the children born out of such marriages have a right to inherit their father’s property, they will be deprived of their ancestral inheritance.
A will is the only answer
So, what is the way out if you want your loved ones who have married outside their religion to receive their rightful share of the ancestral property? There is only one answer – make a will and bequeath to them what is theirs. And how to go about it? Contact Easy Inherit, India’s first full-service digital inheritance specialist.
Be it giving you expert guidance to write a will, helping you make an asset portfolio, or providing assistance to settle claims, EI is your one-stop solution for all inheritance matters. Visit https://www.easyinherit.in/ to know more.
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