Special Marriage Act - Hindu Inheritance rights
02-Jul-2023 (In Family Law)
Hello, My family lives in India, We’re Hindu and have properties, which have been in our family for several generations (including my family home). Some of these are shared between different siblings of my parent's generation.
I got married a few yrs ago under the Special Marriage Act to a Christian (European citizen). After registration, we had a Hindu ceremony a few days later. We now live abroad but are in India regularly. We are considering to move back to India at some point.
a) what rights do I now retain in HUF/? what changes? what options do I have to safeguard my rights to the above to allow me to get the same status/as if I wouldn’t be married under the Special Marriage Act(i.e. equal to my siblings)? b) I have read that in such situations (a member of HUF marrying under the Special Marriage Act to a non-Hindu) this member retains rights to inheritance through a sui generis. Can this be confirmed? Would you be able to explain what exactly this means?
Thanks
a) you have all the rights of a member of HUF as any other of your sibling. Marrying a non Hindu doesn't exclude you from the membership of the HUF. Therefore, Your rights are safeguarded.
b) sui generis right means a unique status given to the member of HUF. As karta of the HUF he can only manage the property and give you proceeds as to property when you demand.
b) sui generis right means a unique status given to the member of HUF. As karta of the HUF he can only manage the property and give you proceeds as to property when you demand.
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