Parsi Dieing Intestate

June 3, 2018 | Author: UrvikaShah | Category: Intestacy, Private Law, Common Law, Politics, Virtue
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Description

Under the second scheme, the Act provides for Parsi intestate succession.By the Indian Succession (Amendment) Act, 1991 (51 of 1991), the Act was amended to provide equal shares for both sons and daughters in their parental properties, irrespective of the fact that it was that of the father or that of the mother. It also enables the Parsis to bequeath their property to religious or charitable purposes, etc., without any restrictions. In effect the amended law provides that where a Parsi dies intestate leaving behind a widow or widower as the case may be, and children, the property shall be divided so that the widow or widower and each child receives equal share. Further, where a Parsi dies leaving behind one or both parents in addition to children, or widow widower and children, the property shall be so divided that the parent or each of the parents shall receive a share equal to half the share of each child. For further clearance see below: Shares in the case of parsi intestates (sec. 51 till 56, as amended by the 1991 amendment) After 1991 Amendments following 3 rules were laid down: Rule1: if a Parsi dies intestate, leaving a widow (or widower) and children, the widow (or widower) and each child gets an equal share. For instatnce, if A dies intestate leaving the widow B, and his son C, each of them wil be entitle to ½ of A’s property, likewise, if B dies leaving his husband A, son C and daughter D then they would be entitle to 1/3 share equally. Rule2 : If Parsi has no widow (or widower) but has children each children will get equal share. Thus, if A dies intestate leaving 3 children then a share will be divided in the ratio of 1/3 ratio. Rule3: if Parsi dies leaving either/both of his parents, child and widow or widower then property will be divided into following manner: For instance, if A dies intestate leaving his wife B child C and father then B and C will get equal shares and father will get half the share of the child. i.e wife =2/5 son =2/5 father= 1/5 Rule4 : Division of share of predeceased child of intestate leaving lineal descendants. -In all cases where a Parsi dies leaving any lineal his widow and children shall take shares in accordance with the provisions as if he had died immediately after the intestate's death: Provided that where such deceased son has left a widow or a widow of a lineal descendant but no lineal descendant. namely:-(a) If such deceased child was a son. (d) Where a remoter lineal descendant of the intestate has died during the lifetime of the intestate. shall be divided in like manner in accordance Collected by the All India Christian Council with clause (a) or clause (b) as the case may be.descendant. the residue of his share after such distribution has been made shall be divided in accordance with the provisions of this Chapter as property of which the intestate has died intestate. if any child of such intestate has died in the lifetime of the intestate. the share which he or she would have taken if living at the intestate's death. the division of the share of the property of which the intestate has died intestate which such child would have taken if living at the intestate's death shall be in accordance with the following rules. and in making the division of such residue the said deceased son of the intestate shall not be taken into account. her share shall be divided equally among her children. the provisions of clause (c) shall apply mutatis mutandis to the division of any share to which he or she would have been entitled if living at the intestate's death . (b) If such deceased child was a daughter. (c) If any child of such deceased child has also died during the lifetime of the intestate. by reason of the pre decease of all the intestate's lineal descendants directly between him or her and the .


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