• Inter-religion marriage

I am Hindu and would like to marry my Christian boyfriend.
A) I just wanted to know what the formalities are under the Special Marriage Act. 
B) And I read somewhere that If I marry a non-hindu under this act, then as a hindu girl I cannot inherit my parent's assets. Is this true? Does Special Marraige Act supercede the Hindu Succession Act? 

Thank you in advance for your time.
Asked 3 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1. Not much formalities is required. Once you meet a marriage registrar he will tell the necessary documents to be submitted in support of your age and address proof.Once you fill up the application the registration will complete after one months therefrom.
2. The marriage registered under SPA will cause no hindrance to inherit property of your parents.
Devajyoti Barman
Advocate, Kolkata
12880 Answers
166 Consultations

5.0 on 5.0

1) you can get married under SMA 

2)  Bridegroom and bride should give notice of intending of marriage 30 days in advance.  They must lived more than 30 days within the jurisdiction of marriage officer before giving such notice.

3) If no objections were received with the prescribed 30 days then they can appear before marriage officer within the next 60 days after 30 days notice period completion. They must bring in 3 witnesses for solemnization of marriage. After this marriage officer according to rule will solemnize the marriage.

4) If a Hindu marries a non-Hindu under the Special Marriage Act succession to the property of such person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the Indian Succession Act.  and not under hindu succession act 
Ajay Sethi
Advocate, Mumbai
45700 Answers
2688 Consultations

5.0 on 5.0

1. The persons intending to register their marriage have to give notice thereof in writing in Triplicate in forms specified under second schedule under Section 5 to the marriage officer of the District in which at least one of the parties to the marriage have reside for a period of not less than 30 days immediately preceding the date on which notice is given.

2. After the receipt of the notice the marriage officer shall enter a true copy in the marriage notice Book and shall cause the notice to be published in the notice board of his office and also see that the notice is published in the office of the marriage Registrar in whose District the parties are permanently residing.

3. if no objection is received within 30 days then the Sub-Registrar shall register the marriage after the bridegroom and Bride sign a declaration pronouncing each other as husband and wife in the presence of three witness.

4. a certificate to that effect will then be issued by the marriage officer and the certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with.
Shaveta Sanghi
Advocate, Panchkula
866 Answers
64 Consultations

5.0 on 5.0

1. Both of you have to apply to the registrar of marriages by filing a joint application in the prescribed format which will be available in the registrar office.

2. You’ll need to submit your intention to get married to the registry office along with the residence certificate (i.e. proof of residence), certified copies of passports and birth certificates, and two passport sized photographs and few affidavits each.

3. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address. The marriage certificate is usually issued a couple of weeks after the wedding.

4. After marriage you will be not be able to inherit the assets of your father.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, if you converted into other religion then only you are not  entitled for inheritance of the property.

2. For registering the marriage you have to file an application before the Sub-Register for your marriage under special marriage act and you have to produce your address proof, age proof so that they will register your marriage.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

1. By marrying under SM Act you are not relinquishing your religion and are staying as a Hindu,

2. By marrying a Non-Hindu you are not deprived of your right to acquire your parental property as legal heir,

3. So, as a Hindu, you will be entitled to legally  inherit your parental property as their successor.
Krishna Kishore Ganguly
Advocate, Kolkata
18535 Answers
449 Consultations

5.0 on 5.0

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