Sections 20-22 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Part III is short and covers three points. Marriage does not by itself give a spouse an interest in the other's property (section 20). A marriage between a person domiciled in India and one who is not does not give either party rights they would not have had if both were domiciled in India (section 21). A minor may settle property in contemplation of marriage, with the approval the section names (section 22).
Under section 20(1), no person acquires an interest in the property of the person he or she marries by the marriage, and neither becomes incapable of doing any act in respect of his or her own property that he or she could have done if unmarried. Section 22(1) allows a minor's property to be settled in contemplation of marriage with the approbation of the minor's father or, if he is dead or absent from India, of the High Court. Sections 20 to 22 do not apply in the cases listed in sections 20(2) and 22(2).
Section 20: no interest acquired, no capacity lost
As per the text of the Act consulted, section 20(1) says that no person shall, by marriage, acquire any interest in the property of the person whom he or she marries, or become incapable of doing any act in respect of his or her own property which he or she could have done if unmarried. The text is written in two halves:
- a spouse gains no interest in the other spouse's property by the marriage alone; and
- a spouse does not lose any capacity over his or her own property by marrying.
If you are drafting a marital or family agreement and want to reflect the position in clear words, our agreement drafting service can help with the drafting side.
Section 20(2): where the section does not apply
Section 20 (a) does not apply to any marriage contracted before the first day of January, 1866, and (b) does not apply, and is deemed never to have applied, to any marriage one or both of the parties to which professed at the time of the marriage the Hindu, Muhammadan, Buddhist, Sikh or Jaina religion. The text says nothing more about those groups; a separate law governs them, and the Act does not state it.
Section 21: a person domiciled and a person not domiciled in India
If a person whose domicile is not in India marries in India a person whose domicile is in India, neither party acquires by the marriage any rights in respect of any property of the other party not comprised in a settlement made previous to the marriage, which he or she would not acquire thereby if both were domiciled in India at the time of the marriage. In the copy "India" is in square brackets, which mark substituted wording.
Reading the sentence slowly: the test is what rights each party would have acquired had both been domiciled in India. The section keeps the Indian position as the measure and carves out property comprised in a settlement made before the marriage. The section does not describe the form of the settlement.
Section 22: a minor's settlement in contemplation of marriage
Section 22(1): the property of a minor may be settled in contemplation of marriage, provided the settlement is made by the minor with the approbation of the minor's father, or, if the father is dead or absent from India, with the approbation of the High Court.
Three points follow from the words.
- The settlement is made by the minor. The father's or High Court's approbation goes with it; it does not replace it.
- The approbation of the father is the first route. The High Court is named only where the father is dead or absent from India.
- "Minor" has the meaning in section 2(e); see our article on section 2.
The text prints no form for the settlement, no fee and no procedure before the High Court; this article names none. How a High Court gives its approbation is something to be checked as notified or prescribed.
Section 22(2): where sections 21 and 22 do not apply
Nothing in section 22 or in section 21 applies to any will made or intestacy occurring before the first day of January, 1866, or to intestate or testamentary succession to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina.
Who each section reaches
| Section | Rule | Where it does not apply |
|---|---|---|
| 20(1) | No interest in the other's property acquired by marriage; no loss of capacity over own property | Marriage before 1 January 1866; marriage where one or both parties professed the Hindu, Muhammadan, Buddhist, Sikh or Jaina religion at the time (20(2)) |
| 21 | Cross-domicile marriage in India: no rights beyond what both-domiciled parties would acquire, save property comprised in a prior settlement | Will made or intestacy occurring before 1 January 1866; succession to the property of a Hindu, Muhammadan, Buddhist, Sikh or Jaina (22(2)) |
| 22(1) | Minor's settlement in contemplation of marriage with approbation of the father, or the High Court | Same as section 21 (22(2)) |
A fresh example
Rohan Sethi, an invented person aged seventeen, is to be married and wishes to settle a piece of property on his future wife. Section 22(1) lets him do so by his own settlement provided his father approves; if his father were dead or away from India, the approbation would be that of the High Court. After the marriage, section 20(1) says that Rohan's wife does not, merely by the marriage, acquire an interest in his other property, and that Rohan has not lost any power over his own property that he had when unmarried. The example applies only the printed rules and assumes that sections 20 to 22 apply to the persons concerned, which turns on sections 20(2) and 22(2).
Points to flag
- Section 20(2)(b) is written as "shall not apply, and shall be deemed never to have applied". The wording is the Act's own and is quoted as printed.
- Part III prints no procedure, form or fee.
- The sections speak of "settlement" and "approbation" without defining either word.
Later amendments
The copy consulted is an unofficial print showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002). Later amendments should be checked.
Need help with a marriage-related property arrangement?
Written arrangements made before a marriage need clear words about what is settled and who approves it. For drafting support, see our agreement drafting page; for how such papers are registered, see our guide on registration of settlement deeds.
Key takeaways
- Marriage alone gives no interest in the spouse's property and takes away no capacity over one's own (section 20(1)).
- A cross-domicile marriage in India gives no rights beyond those both-domiciled parties would have (section 21).
- A minor's settlement needs the approbation of the father, or of the High Court if the father is dead or absent from India (section 22(1)).
- Sections 20, 21 and 22 have the exclusions printed in sections 20(2) and 22(2).
Read next
- Sections 11-19: declaration of domicile and domicile of a minor, wife and lunatic
- Sections 23-28: consanguinity, lineal and collateral, and degrees of kindred
- Section 2: definitions under the Act
- Registration of settlement deeds
Disclaimer: Based on an unofficial print of the Indian Succession Act, 1925 showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002), as consulted on 2 October 2026. It explains the words of the statute only; later amendments, State amendments and rules, court fees and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.