Inter-faith marriages and inheritance: the legal hurdles

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. A major concern is the inheritance rights of couples who belong to different religions.

Inter-faith marriages & law

In India, 'marriage' falls under the ambit of personal law, which depends on a person's religion. For example, the Hindu Marriage Act, 1955, allows marital union between Hindus, Jains, Sikhs and Buddhists. The 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. It's mandatory to give a 30-day notice period for such marriages, and three witnesses are required (as opposed to two in other marriages).

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.