Succession to properties of Hindus whose marriages are solemnized under the **Special Marriage Act, 1954** and properties of the issues of such marriage is by virtue of **section 21** of the Special Marriage Act, governed not by the Hindu Succession Act, 1956 but by the **Indian Succession Act, 1925**.

An exception, however has been made by insertion of **section 21A** in the Special Marriage Act in respect of the Hindu, Buddhist, Jain or Sikh, where both the spouses are Hindus. If both the spouses are Hindus, provisions of section 21 will not apply and the inheritance of their property will be governed by the **Hindu Succession Act**. In case the other spouse is non-Hindu, he will be subject to the Indian Succession Act, 1925 in matter of inheritance. The provision is only in respect of Hindus and does not apply to followers of other religions even if both the spouses are followers of the same religion.

The legality of section 21A was challenged before the Delhi High Court in **Maneka Gandhi v Indira Gandhi and Ors.** It was contended that section 21A of the Special Marriage Act does not and cannot affect the provisions of Indian Succession Act, inasmuch as this provision is enacted in the law pertaining to the form of marriage and therefore, cannot affect the vested rights guaranteed by the Indian Succession Act.