Special Rules for Parsi Intestates
Special Rules for Parsi Intestates
The Indian Succession Act, nineteen twenty-five lays down special and detailed rules governing intestate succession among Parsis, recognising their distinct personal law. Sections fifty to fifty-six deal comprehensively with the manner in which property devolves when a Parsi dies without leaving a will.
One. General Principles of Parsi Intestate Succession - Section fifty lays down certain foundational principles applicable to all cases of intestate succession among Parsis:
One. Children conceived before death: There is no distinction between a child born during the lifetime of the intestate and a child conceived before death but born alive thereafter. Such a child is treated as if born before the intestate's death and is fully entitled to inheritance.
Two. Exclusion of predeceased lineal descendants: If a lineal descendant (such as a child) dies before the intestate without leaving a widow, widower, or any lineal descendants, that person is ignored while calculating the shares of inheritance.
Three. Effect of remarriage of widows or widowers: If the widow or widower of any relative of the intestate remarries during the lifetime of the intestate, such person loses the right to inherit and is treated as if they did not exist at the time of the intestate's death.
Two. Succession Where Intestate Leaves Widow/Widower, Children and Parents - Section fifty-one governs cases where the intestate leaves close family members:
One. Widow or widower and children: When a Parsi dies leaving a widow or widower and children, the property is divided equally among the widow or widower and each child.
Two. Children only: If the intestate leaves children but no widow or widower, the children inherit the property in equal shares.
Three. Presence of parents: If one or both parents are alive in addition to the widow or widower and children, each parent receives a share equal to half the share of a child.
Three. Share of Predeceased Child Leaving Lineal Descendants - Section fifty-three applies when a child of the intestate has died before the intestate, but has left descendants:
One. Predeceased son: The son's widow and children inherit the share that the son would have taken, as if the son had died immediately after the intestate.
If the son leaves only a widow (or widow of a lineal descendant) but no children, the remaining portion of his share reverts back and is redistributed among other heirs.
Two. Predeceased daughter: The daughter's share is divided equally among her children.
Three. Further predeceased descendants: If grandchildren or more remote descendants have also predeceased the intestate, the same rules apply recursively, ensuring representation down the line.
Four. No Lineal Descendants but Presence of Widow/Widower (Section fifty-four) - Where the intestate leaves no lineal descendants, but leaves a widow or widower, the following rules apply:
One. Only widow or widower: The widow or widower receives one-half of the property.
Two. Widow/widower plus widows/widowers of lineal descendants: The intestate's widow or widower receives one-third, and another one-third is shared equally among the widows or widowers of lineal descendants.
Three. Only widows or widowers of lineal descendants: If there is one such widow or widower, they receive one-third; if more than one, they collectively receive two-thirds, divided equally.
Four. Distribution of residue: The remaining property is distributed among relatives listed in Part One of Schedule Two, according to proximity of relationship, with equal treatment of males and females.
Five. No Lineal Descendants and No Widow/Widower (Section fifty-five) - If the intestate leaves neither lineal descendants nor any widow or widower, the property devolves upon the next-of-kin listed in Part Two of Schedule Two. Preference is given based on closeness of relationship, and persons of the same degree inherit equally, irrespective of gender.
Six. Absence of All Specified Heirs (Section fifty-six) - Where no relatives are entitled to succeed under any of the preceding provisions, the property is distributed equally among the nearest surviving relatives, determined solely by the degree of kinship to the intestate.
Marriages Between Parsis - Requisites, Remarriage and Bigamy
Marriages Between Parsis - Requisites, Remarriage and Bigamy
The Parsi Marriage and Divorce Act, nineteen thirty-six governs marriages among Parsis in India and lays down specific conditions for the validity of marriage, restrictions on remarriage, and penal consequences for bigamy. Sections three, four and five collectively ensure the sanctity of marriage, monogamy, and social order within the Parsi community.
One. Requisites for Validity of a Parsi Marriage - Section three lays down the essential conditions that must be fulfilled for a Parsi marriage to be legally valid. A marriage shall be invalid if any of the following conditions are violated:
(a) Prohibited Degrees of Relationship - A marriage is void if the parties are related to each other within the degrees of consanguinity or affinity specified in Schedule One of the Act. This provision prevents marriages between close blood relatives or relations by marriage, thereby safeguarding social morality and public health.
(b) Mandatory Religious Ceremony - For a Parsi marriage to be valid, it must be solemnized according to the traditional Parsi ceremony known as "Ashirvad". The ceremony must be performed: By a Parsi priest, and
In the presence of two Parsi witnesses, other than the priest.
Failure to perform the marriage in this prescribed religious manner renders the marriage invalid, even if all other formalities are fulfilled.