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Monday, April 22

Succession to property of parties married under Foreign Marriage Act, 1969


As per section 18 (i) of the Foreign Marriage Act, 1969, the provisions of Chapter IV, V, VI and VII of the Special Marriage Act, 1954, are applicable to the foreign marriage solemnized under the Foreign Marriage Act, 1969.

 

Thus as per section 18 read with section 21 of Special Marriage Act, 1954, the succession of the property of parties married under Foreign Marriage Act, 1969 or the issue of such marriage is to be governed by Indian Succession Act, 1925. The provisions of Indian Succession Act, 1925 shall also be applicable to certain communities, notwithstanding any restriction contained in Indian Succession Act, 1925 in respect to its application upon them.


For the purposes that Act shall have effect as if Chapter III of Part V (Special Rules for Parsi Intestates) had been omitted therefrom.