Marriage, Family & Inheritance
Family law in India varies by religion for marriage and succession, but core protections — maintenance, registration, and a woman's equal inheritance rights — apply broadly. Here's an overview to help you find the right process.
Right to register your marriage
The Special Marriage Act, 1954 lets any two Indians marry/register regardless of religion; personal laws provide their own registration routes too — a marriage certificate matters for many legal processes.
Right to maintenance, regardless of religion
BNSS Sec. 144 provides a fast, religion-neutral route for a spouse, child, or parent to claim maintenance from someone legally obligated to support them.
Equal inheritance rights for daughters
The Hindu Succession (Amendment) Act, 2005 gives daughters equal coparcenary rights in ancestral property by birth, same as sons.
Right to a fair, recognised divorce process
Each personal law and the Special Marriage Act specify grounds and processes, including mutual consent divorce, generally the fastest route when both agree.
What actually happens, and what to do
Click a scenario to see the law, the exact steps, and who to call.
01
I want to register my marriage, or never registered it
A marriage certificate is often essential — for passports, visas, joint accounts, and inheritance claims.
- Apply under the Special Marriage Act (any two Indians, regardless of religion) or your applicable personal law (e.g. Hindu Marriage Act) at the Marriage Registrar's office in your district.
- Bring ID proof, address proof, and witnesses; some states allow booking an appointment online.
02
I need maintenance from my spouse or parent, and they're refusing
You don't need a full divorce case to claim support — a faster, dedicated remedy exists.
BNSS Sec. 144 (successor to CrPC Sec. 125) provides a fast, religion-neutral process for a spouse (including one who cannot maintain themselves), children (including adult children unable to maintain themselves due to disability), and aged/infirm parents to claim maintenance.
- File an application before the Judicial Magistrate under BNSS Sec. 144.
- You don't need to prove fault or cruelty — only the relationship and the other person's capacity to pay, alongside your need.
- Interim maintenance can often be granted while the case is pending.
- Free legal aid via NALSA is available regardless of income in many such cases, especially for women.
03
I'm being denied my rightful share of inheritance, especially as a daughter
Family pressure to 'give up' a share is common, but the legal entitlement doesn't disappear because of it.
The Hindu Succession (Amendment) Act, 2005 gives daughters equal coparcenary rights in ancestral Hindu Undivided Family property by birth, the same as sons — even if married. Other personal laws (Muslim, Christian, Parsi) and the secular Indian Succession Act set their own specific shares.
- Get certified copies of any will, the death certificate, and property records.
- Send a legal notice asserting your claim if you're denied your share.
- File a partition suit in civil court if the matter isn't resolved amicably.
- Apply for a succession certificate (for movable assets) or letters of administration if there's no will.
04
I want a divorce — what's the process
The route depends heavily on whether both spouses agree.
- Mutual consent divorce (fastest, available under most personal laws and the Special Marriage Act) needs both parties to agree, with a statutory cooling-off period before the decree — waivable in certain circumstances.
- Contested divorce requires proving specific legal grounds (cruelty, desertion, adultery, etc., varying by personal law) and generally takes longer.
- Approach a Family Court, designed specifically for these matters, with simplified procedure and mandatory mediation/reconciliation attempts first.
The legal basis, in plain terms
Key provisions that apply here
Civil marriage and registration for any two Indians, regardless of religion.
Fast, religion-neutral maintenance for a spouse, children, or parents.
Equal daughter inheritance rights in ancestral property.
Secular succession law applicable to certain communities or by choice.
Specialised courts for matrimonial and family disputes.
Court rulings that shaped this right
The precedents behind the plain-language explanations above.
Quick answers
Do live-in relationships have any legal protection?
Can a Muslim woman claim maintenance under BNSS Sec. 144?
Is mutual consent divorce always fast?
What if there's no will — who inherits?
Is triple talaq still legal in India?
Do adopted children have the same inheritance rights as biological children?
You might also need
Still not sure what applies to you?
Describe your situation and we'll help you find the right category, law, and authority to approach.
Ask AdhikarThis page explains general Indian law for information purposes and is not legal advice. Laws, portal names, fees and helpline numbers change — please verify current details on the official government website linked above before taking action, and consult a qualified advocate for advice on your specific case.