Rules Of Inheritance Among Interfaith Couples: Part II

In Part I of this article we covered the consequences of inheritance on getting married under Special Marriage Act (hereinafter referred to as Act). In the second part, we’ll cover the rules for the distribution of property among legal heirs of the deceased who got married under this Act.

If a person dies without writing a Will, he is known as dying intestate. In that case, the property is distributed in accordance with the law. Interfaith couples' inheritance is governed by the Indian Succession Act of 1925. 

Before we begin, let's understand a few terms:

1. Widow: Wife of deceased 
2. Widower: Husband of deceased
3. Lineal ascendants: Ascendants in the same line eg. child, grandchild etc.
4. Lineal descendants: Descendants in the same line eg. father, grandfather etc.
5. Kindred: Kindred can be ascendants, descendants or collaterals such as brother or sister etc. 

Rules of Inheritance

1.  When the widow and lineal descendants remain

1. Widow and lineal descendants:

Where the deceased has left a widow and lineal descendants, such as children and grandchildren, the widow gets one-third of the property and the remaining two-thirds shall be divided among the lineal descendants.

1. Only widow and kindred:

If the deceased has left the widow, with no lineal descendants but some people who are kindred to him the widow will get one-half of the property and the remaining one-half to be shared by the kindred.

1. Only widow:

If the deceased has left only the widow, but no lineal descendants and no kindred, then the entire property will devolve onto the widow.

A widower who survives his wife will be subject to the same laws that apply to widows.

1. Rules for succession among lineal descendants

1. If the deceased has left only a child or children and no more lineal descendants, then the property gets equally divided amongst the surviving children.
2. If the deceased has left no child, but only a grandchild or grandchildren then the property gets equally divided among the surviving grandchildren

1. Succession laws when there are no lineal descendants

1. If the deceased’s father is alive, the widow shall get one-half of the share and the father of the deceased shall get the remaining one-half of the share. 
2. The father will get the whole property if the widow of an intestate is not alive, irrespective of the fact that others among the kindred are alive.
3. If the deceased’s father is not alive, but his mother is living and has no brother, sister, nephew, or niece, then the widow shall get one-half share of the property and the mother will get the remaining one-half share. If the deceased had no widow, then the entire property will go to the mother.
4. Where the deceased’s father is not alive and his mother, brother or sister, and children of any deceased brother or sister, are living then the widow shall get one half share of the property and the remaining one-half share will be divided equally among the above-mentioned relations.

1. If no heirs, the government will have the property

If there are no heirs whatsoever to the intestate, as per the doctrine of escheat, the property will devolve onto the Government.

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