Given below are two statements
Statement I: Two Hindus married under the Special Marriage Act, 1954 are governed by the Indian Succession Act, 1925 in matters of inheritance.
Statement II: Two Muslims married under the Special Marriage Act, 1954 are governed by the Indian Succession Act, 1925 in matters of inheritance.
In light of the above statements, choose the most appropriate answer from the options given below
A. Statement I is correct but Statement II is incorrect
B. Both Statement I and Statement II are correct
C. Both Statement I and Statement II are incorrect
D. Statement I is incorrect but Statement II is correct
Answer: Option B
Solution (By Examveda Team)
The Special Marriage Act, 1954 is a secular law that allows individuals of any religion to marry without renouncing their faith.Section 21 of the Special Marriage Act, 1954 states that the property rights and succession of persons married under this Act shall be governed by the Indian Succession Act, 1925, and not by their personal religious laws.
Statement I is correct because when two Hindus marry under the Special Marriage Act, they are no longer governed by the Hindu Succession Act for inheritance purposes but instead by the Indian Succession Act, 1925.
Statement II is also correct because the same rule applies to Muslims who marry under the Special Marriage Act — they are governed by the Indian Succession Act, 1925 for matters of inheritance.
Therefore, both statements are correct.
Reason for answer