Parsi Dieing Intestate

Transcript

Under the second scheme, the Act provides for Parsi intestate succession. By the Indian Succession (Amendment) Act, 1991 (51 of 1991), the Act as amended to provide e!ua" shares for #oth sons and dau$hters in their parenta" properties, irrespective of the fact that it as that of the father or that of the mother. It a"so ena#"es the Parsis to #e!ueath their  property to re"i$ious or charita#"e purposes, etc., ithout any restrictions. In effect the amended "a provides that here a Parsi dies intestate "eavin$ #ehind a ido or idoer as the case may #e, and chi"dren, the property sha"" #e divided so that the ido or idoer and each chi"d receives e!ua" share. %urther, here a Parsi dies "eavin$ #ehind one or #oth  parents in addition to chi"dren, or ido idoer idoer and chi"dren, the property sha"" #e so divided that the parent or each of the parents sha"" receive a share e!ua" to ha"f the share of each chi"d. %or further c"earance see #e"o& Shares in the case of parsi intestates (sec. 51 ti"" 56, as amended #y the 1991 amendment) After 1991 Amendments fo""oin$ ' ru"es ere "aid don& Rule1: if a Parsi dies intestate, "eavin$ a ido (or idoer) and chi"dren, the ido (or idoer) and each chi"d $ets an e!ua" share. %or instatnce, if A dies intestate "eavin$ the ido B, and his son , each of them i" #e entit"e to  of A*s A*s property, "i+eise, if B dies "eavin$ his hus#and A, son  and dau$hter  then they ou"d #e entit"e to 1-' share e!ua""y. Rule2 : If Parsi has no no ido (or idoer) idoer) #ut has chi"dren each chi"dren i"" $et e!ua" share. hus, if A dies intestate "eavin$ ' chi"dren then a share i"" #e divided in the ratio of 1-' ratio. if Parsi dies "eavin$ either-#oth of his parents, chi"d and ido or idoer then  property i"" #e divided into fo""oin$ manner& manner& Rule3: %or instance, if A dies intestate "eavin$ his ife B chi"d  and father then B and  i"" $et e!ua" shares and father i"" $et ha"f the share of the chi"d. i.e ife /0-5 son /0-5 father/ 1-5 Rule4 : ivision of share of predeceased chi"d of intestate "eavin$ "inea" descendants. In a"" cases here a Parsi dies "eavin$ any "inea" descendant, if any chi"d of such intestate has died in the "ifetime of the intestate, the division of the share of the property of hich the intestate has died intestate hich such chi"d ou"d have ta+en if "ivin$ at the intestate2s death sha"" #e in accordance ith the fo""oin$ ru"es, name"y& (a) If such deceased chi"d as a son, his ido and chi"dren sha"" ta+e shares in accordance ith the provisions as if he had died immediate"y after the intestate2s death& Provided that here such deceased son has "eft a ido or a ido of a "inea" descendant #ut no "inea" descendant, the residue of his share after such distri#ution has #een made sha"" #e divided in accordance ith the provisions of this hapter as  property of hich the intestate has died intestate, and in ma+in$ the division of such residue the said deceased son of the intestate sha"" not #e ta+en into account. (#) If such deceased chi"d as a dau$hter, her share sha""  #e divided e!ua""y amon$ her chi"dren. (c) If any chi"d of such deceased chi"d has a"so died durin$ the "ifetime of the intestate, the share hich he or she ou"d have ta+en if "ivin$ at the intestate2s death, sha"" #e divided in "i+e manner in accordance o""ected #y the A"" India hristian ounci" ith c"ause (a) or c"ause (#) as the case may #e. (d) 3here a remoter "inea" descendant of the intestate has died durin$ the "ifetime of the intestate, the  provisions of c"ause (c) sha"" app"y mutatis mutandis to the division of any share to hich he or she ou"d have #een entit"ed if "ivin$ at the intestate2s death  #y reason of the pre decease of a"" the intestate2s "inea" descendants direct"y #eteen him or her and the