Who is a Parsi? | Family Law - CLAT PG PDF Download

Introduction to the Parsis in India

• The Parsis migrated to India due to persecution in their homeland, Persia.
• The term 'Parsi' has both religious and racial implications.
• In India,Parsis and Zoroastrians are synonymous, as Indian Parsis belong to the Zoroastrian faith.
• Zoroastrianism is based on the belief in one God and the principles of good thoughts, good words, and good deeds.

The Parsi Community in India: Historical Background

• The Parsi community in India originally did not have their own legal system.
• Parsi immigrants fled to India to escape religious persecution by Arab conquerors in Persia. They brought their religion, Zoroastrianism, with them.
• Upon arriving in India, the Parsis also adopted some of the local customs and practices of the place where they first settled.

Development of Parsi Laws in India

• It is unclear whether the Parsis brought any of their laws with them to India.
• While maintaining their distinct identity, they adopted the customs of the local residents in the area where they first settled.

Settlement in India

• The first permanent settlement of Parsis in India was at a village called Sanjan around 716 AD. At that time, the village was ruled by a Hindu chief named Jadi Rana.
• Chief Jadi Rana granted the Parsis permission to settle in his land under four conditions:
• (a) They had to adopt the local language.
• (b) They were not allowed to bear arms.
• (c) Their women had to dress in the Hindu fashion.
• (d) They were required to perform their marriage ceremonies after sunset, following Hindu customs.

Influence of Customary Laws

• The customary laws of the Parsis were mainly influenced by the Hindu and Muslim communities.
• Over time, these laws underwent various modifications due to a series of legal enactments, including:
• a) Parsi Chattels Real Act 1837
• b) Parsi Marriage and Divorce Act 1865
• c) Parsi Intestate Succession Act 1865
• d) Indian Succession Act 1925
• These acts were passed for the Parsis by the British Indian Legislature.

Present Succession Law

• The current succession law for Parsis, although significantly modified and different from the original customary laws, still reflects the deep influence of Hindu and Muslim laws.
• This shows the historical impact these communities had on the Parsi system of inheritance.

Indian Succession Act, 1925 and the Parsi Community

Applicability of the Act

• The Indian Succession Act, 1925 governs matters of succession for the Parsi community in India.
• It is important to note that the Act is not retrospective, meaning it does not apply to situations that occurred before its enactment.

Intestate Succession

• The Act comes into play when a Parsi individual dies intestate, which means without leaving a will.
• It also applies to all intestate situations arising under a testamentary (will) or non-testamentary document, even if such a document was executed before the Act came into force. However, the intestacies under such documents must occur after the passing of the Act.

Regulation of Intestate Succession

• Sections 50 to 56 of the Indian Succession Act specifically regulate intestate succession among Parsis.

Section 50 of the Indian Succession Act

Key Provisions

• Distinction Between Birth and Conception: There is no difference between individuals who were born during the lifetime of a deceased person and those who were conceived but not yet born at the time of death, as long as they are subsequently born alive.
• Lineal Descendants and Intestate Succession: A lineal descendant of an intestate who died during the intestate's lifetime, without leaving behind a widow, widower, lineal descendant, or the widow or widower of any lineal descendant, will not be considered in determining how the intestate's property is divided.
• Remarriage of Relatives: If the widow or widower of a relative of the intestate remarries during the intestate's lifetime, that widow or widower will not be entitled to any share of the intestate's property and will be deemed not to exist at the time of the intestate's death.

Division of Intestate Property Among Widow, Widower, Children, and Parents

Section 51 of the Indian Succession (Amendment) Act 1991 outlines the distribution of property when a Parsi individual dies intestate (without a will).

Key Points:

• Applies to Parsi individuals who die intestate.
• Property is divided among the widow or widower, children, and parents (if applicable).

Distribution of Property

• With Widow/Widower and Children: If a Parsi dies leaving a widow or widower and children, the property is divided equally among them. Each person, including the widow or widower and each child, receives an equal share.
• With Children Only: If a Parsi dies leaving children but no widow or widower, the property is divided equally among the children.

Inclusion of Parents

• If a Parsi dies leaving one or both parents in addition to children or a widow or widower and children, the property is divided such that each parent receives a share equal to half of each child's share.

Example: Imagine a Parsi individual passes away leaving behind a wife and two children. The property would be divided into four equal parts, with the wife receiving one part and each child receiving one part. If the same individual had also left behind a parent, the parent's share would be half of each child's share.

Division of Property Among Heirs

When a person dies without a will (intestate), their property is divided among their legal heirs according to specific rules. Let's take the example of C, a Parsi who passed away without leaving a will. C is survived by his widow, G, three sons (T, B, and D), and two daughters (D1 and D2). Here's how C's property would be divided among his heirs:

Example (a): Widow and Children

In this example, we have a widow and her children as the heirs. The property is divided among them as follows:

• Widow: 1/3 share
• Son: 1/3 share
• Daughter: 11/33 share

Example (b): Division of Property Among C's Heirs

In this case, C's property is divided among his widow and children as follows:

• G (Widow): 1/6 share
• T (Son of C): 1/6 share
• B (Son of C): 1/5 share
• D (Son of C): 1/6 share
• D1 (Daughter of C): 1/6 share
• D2 (Daughter of C): 1/6 share

Section 52: Inheritance Rules for Male Parsis Dying Intestate

Section 52 outlines the rules for inheritance among male Parsis who die intestate (without a will) under specific circumstances.

Key Provisions of Section 52

• If a male Parsi dies intestate, leaving behind a widow and children, or children only, his parents (father and mother) are entitled to a share of the inheritance for the first time, as per the amending Act of 1939.
• If both parents are alive:
• The father's share is half of the son's share.
• The mother's share is half of the daughter's share.
• If only one parent survives, that parent receives the same share as if both were alive.
• It is important to note that parents are entitled to a share only in the case of the son's intestate death, not in the case of the daughter's intestate death.
• The term 'parents' refers to the biological father and mother, excluding stepfathers and stepmothers.
• Section 52 was repealed by Act 51 of 1991.

Division of Share of Pre-Deceased Child of Intestate Leaving Lineal Descendants

When a Parsi individual dies leaving behind lineal descendants, the distribution of the deceased's property share, which would have belonged to a child who predeceased the intestate, is outlined as follows:

(a) Division of Share

• If a child of the intestate dies before the intestate but during their lifetime, the share of the property that the deceased child would have inherited at the time of the intestate's death is divided among the lineal descendants of the deceased child.

(b) Share of a Deceased Daughter

• If the deceased child was a daughter, her share is divided equally among her children.

(c) Deceased Grandchild's Share

• If a child of the deceased child also dies during the intestate's lifetime, the share that the deceased grandchild would have inherited at the time of the intestate's death is divided according to the same principles outlined in clause (a) or (b), depending on whether the deceased was a son or daughter.

(d) Remoter Lineal Descendant's Share

• If a more distant lineal descendant of the intestate dies during the intestate's lifetime, the provisions of clause (c) apply mutatis mutandis to the division of any share that the deceased descendant would have been entitled to if alive at the intestate's death. This is applicable when all lineal descendants directly between the remoter descendant and the intestate have predeceased the intestate.

Changes in Section 53: Distinction Between Sons and Daughters

In the current sub-section (a) of section 53, significant changes have been made compared to the Acts of 1925 and 1865. Previously, there was no distinction between a predeceased child being a son or a daughter; the term used was simply 'child'. However, in the present section, a distinction is made between a predeceased son and a predeceased daughter.

Share of Predeceased Son (Sub-section a)

Sub-section (a) specifically addresses the share of a predeceased son. The division under this subsection is as follows:

Examples of Sub-section (a) When a Male Parsi Dies

• Share of Predeceased Son: When a male Parsi dies, leaving behind a widow and children, the share of a predeceased son is determined based on the guidelines outlined in this subsection.

When a Parsi woman passes away, her property is distributed according to specific legal guidelines. These rules ensure that her assets go to the right people based on her familial relationships and legal standings. The process varies depending on whether she was married, single, or had children. Here’s a breakdown of how her property is handled in different scenarios.

Example under sub-section (a) when a female Parsi dies leaving

Scenario 1: Widow with Children

• Deceased: A female Parsi who has passed away.
• Surviving Spouse: A husband who is still alive.
• Children: Two children (specific genders are not mentioned).

Distribution of Property:

• The husband is entitled to receive one-third of the deceased wife's property.
• The remaining two-thirds of the property is to be divided equally between the two children, with each child receiving half of that share.

Example: If the deceased Parsi woman had a property valued at ₹90,000, the distribution would be as follows:

• The husband would receive ₹30,000(one-third).
• The children would share the remaining ₹60,000, with each child receiving ₹30,000.

Scenario 2: Widow with Only One Child

• Deceased: A female Parsi who has passed away.
• Surviving Spouse: A husband who is still alive.
• Children: One child (specific gender is not mentioned).

Distribution of Property:

• The husband is entitled to receive one-third of the deceased wife's property.
• The remaining two-thirds of the property is to be given entirely to the single child.

Example: If the deceased Parsi woman had a property valued at ₹90,000, the distribution would be as follows:

• The husband would receive ₹30,000(one-third).
• The child would receive the remaining ₹60,000.

Scenario 3: Widow with No Children

• Deceased: A female Parsi who has passed away.
• Surviving Spouse: A husband who is still alive.
• Children: No children.

Distribution of Property:

• The husband is entitled to receive one-half of the deceased wife's property.
• The remaining one-half of the property is to be divided among the deceased wife's parents.

Example: If the deceased Parsi woman had a property valued at ₹90,000, the distribution would be as follows:

• The husband would receive ₹45,000(one-half).
• The deceased wife's parents would share the remaining ₹45,000.

Scenario 4: Single Woman with Parents

• Deceased: A female Parsi who has passed away.
• Surviving Spouse: None (the woman was single).
• Children: None.
• Parents: Both parents are alive.

Distribution of Property:

• The entire property is to be divided equally between the two parents, with each parent receiving half of the property.

Example: If the deceased Parsi woman had a property valued at ₹90,000, the distribution would be as follows:

• Each parent would receive ₹45,000.

Scenario 5: Single Woman with Only One Parent

• Deceased: A female Parsi who has passed away.
• Surviving Spouse: None (the woman was single).
• Children: None.
• Parent: Only one parent is alive.

Distribution of Property:

• The entire property goes to the surviving parent.

Example: If the deceased Parsi woman had a property valued at ₹90,000, the surviving parent would receive the full amount of ₹90,000.

Division of Property Under Section 54

When a Parsi dies without any lineal descendants but leaves behind a widow or widower (or a widow or widower of a lineal descendant), the division of their property is governed by specific rules. Here’s how the property is divided:

Rules for Property Division

• Widow or Widower Only: If the deceased leaves a widow or widower but no widow or widower of a lineal descendant, the widow or widower receives half of the property.
• Widow or Widower with Lineal Descendant's Spouse:If the deceased leaves both a widow or widower and a widow or widower of a lineal descendant:
  • The widow or widower gets one-third of the property.
  • The widow or widower of the lineal descendant also gets one-third.
  • If there are multiple widows or widowers of lineal descendants, their share is divided equally among them.