Parsi:

 The first concept of succession applied to Parsee is the law of ‘primogeniture’ but
restricted to the male line and not female. > Parsee Chatels Real Act, 1837 brought all
the immovable property within the jurisdiction > Parsee Intestate Succession Act,
1865 > ISA, 1925 where provision of 1865 Act was copied in verbatim and 1865 Act
was repealed.

 50(1):
o (a): ‘child en ventre’: child in mother’s womb.
o (b):
 Share of the lined descendant shall not be taken into account if he or
she predeceased the intestate without leaving a widow/widower or
his/her lineal descendant or the latter’s widow/widower.

 51: Division of property among WIDOW, CHILDREN & PARENTS:

o 51(1)(a): widow/widower of the intestate shall receive equal share as the child.
o 51(1)(b): when no widow/widower then among children equal shares.
o 51(2): If parents of the deceased intestate are alive then each parent shall be
entitled to inherit a share equal to half that of the child.

 52: Under original 52, where a Parsi died intestate leaving children but no widow,
each son received a share 4x more than the daughter.

 53: Division of share of property of the predeceased child of the intestate wherein the
intestate has left lineal descendants.
o (a) If predeceased child is a son, then predeceased son’s widow and children
shall take it equally among each other.
 Provided that if the pre-deceased son of the intestate has left a widow
or a widow of a lineal descendant, them the residue of the share of the
intestate shall be divided without taking account the share of the pre-
deceased son of the intestate.
o (b): if predeceased was a daughter her shall will be equally divided among her
children.
o (c) If any child of the predeceased child of the intestate has died during the
lifetime of the intestate then any property he would have taken (intestate’s
property) if he had been alive would be divided according to clause (a) & (b).
o Where a remoter lineal descendant has predeceased the intestate, then the
provision of clause (c) shall apply same to same.
 54: Division of property where Intestate leave no lineal descendant but leaves a
widow or widower of any lineal descendant.
o -Where a Parsi dies without leaving any lineal descendant but leaving a widow or
widower or a widow or widower of a lineal descendant, the property of which the
intestate dies intestate shall be divided in accordance with the following rules,
namely:--
a) If intestate leave no widow or widower of his lineal descendant but
only his own widow/widower then that person shall take half the share
of the property.
b) Where own widow/widower + lineal descendant’s widow/widower is
left then both shall receive 1/3rd & 1/3rd of the property respectively. If
more than 1 in same category then divides the 1/3rd.
c) Where no widow/widower of the intestate; but window/widower of the
lineal descendent then 1/3rd to be given to them but if there is more
than 1lineal descendant’s widower/widower then 2/3rd of the property
to be divided among them.
d) The residue after the division of (a), (b), and (c) shall be divided
according to Schedule II Part 1. Where same degree of propinquity
shall receive equal shares.
e) In case no relatives in residue clause property shall revert back to
persons mentioned in (a) to (c).
 55
o Where parsi dies leaving no lineal descendant or widow/widower or
widow/widower of lineal descendant then property to be divided as per Part II
of Schedule II. Go with number wise.
 56:
o Where there is no relatives of the intestate to succeed the property in this
chapter then it should be divided equally among those of the intestate’s
relative who are in the nearest degree of kindered to him.
CHRISTIAN LAW

 33:
o (a): Where widow + lineal descendants: Widow (1/3rd) + 2/3rd (Lineal
Descendants)
o (b): Widow + Kindred (no lineal descendant): ½(Widow) + ½ (Kindred)
o (c): Window only: Whole property to widow.
 33A: where only widow and no lineal descendants
o (1): if property less Rs. 5,000 then entire to widow.
o (2): If property more than 5,000 shall have a charge on the property to the
extent of 5,000 by 4% P/A from the date of death.
o (3): the 5K + interest shall be first deducted then s.33 comes. Thus the 5K will
not be calculated when calculating s.33.
o (4): net value of the property calculated after deduction of funeral rites, debts,
legal liabilities, administrative expenses.
o (5): this section not be applied to:
 An Indian Christian; it is applicable to Europeans & Anglos and
majority of Indian Christians excluded.
 Child or grandchildren of a person who at the time of his death was an
Indian Christian
 Hindu, Buddhist, Sikh, Jain.
 34: no widow > lineal descendant > kindred > government.
 35: widower (husband whose wife died intestate) same rights as widow
 36: Distribution of property among lineal descendants as per (s.37-40) [if widow is
alive after deducting her share]
 37: if intestate leaves children, but no lineal descendant of the predeceased child of
the intestate then property equally divided among surviving children.
 38: where intestate has no child and no more remote descendant through a deceased
grandchild, but only grandchild/grandchildren are left then property to be divided
equally among them.
o Illustration: A has three children, and no more, John, Mary and Henry. They all die
before the father, John leaving two children, Mary three and Henry four. Afterwards
A dies intestate, leaving those nine grandchildren and no descendant of any
deceased grandchild. Each of his grandchildren will have one-ninth.
 39: Where intestate has left only great-grandchildren or remoter lineal descendants.
-In like manner the property shall go to the surviving lineal descendants who are
nearest in degree to the intestate, where they are all in the degree of great-
grandchildren to him, or are all in a more remote degree.
 40: when intestate leaves descendants (not all in same degree) + those through whom
the more remote are descended are dead:
o (1): the property shall be divided into such a number of equal shares as may
correspond with the number of the lineal descendants of the intestate who
stood in the nearest degree.
 o (2): one such share to each lineal descendant who stood to the nearest degree
of kindred to the intestate who stood to the nearest degree of kindred to the
intestate (such share allotted to deceased lineal descendant shall belay to
surviving children as their remote descendant)
o Illustrations:
 (i) A had three children, John, Mary and Henry; John died, leaving four
children, and Mary died, leaving one, and Henry alone survived the father.
On the death of A, intestate, one-third is allotted to Henry, one-third to
John's four children, and the remaining third to Mary's one child.
 (ii) A left no child, but left eight grandchildren, and two children of a
deceased grandchild. The property is divided into nine parts, one of which is
allotted to each grandchild, and the remaining one-ninth is equally divided
between the two great-grandchildren.
 (iii) A has three children, John, Mary and Henry; John dies leaving four
children; and one of John's children dies leaving two children. Mary dies
leaving one child. A afterwards dies intestate. One-third of his property is
allotted to Henry, one-third to Mary's child, and one-third is divided into
four parts, one of which is allotted to each of John's three surviving children,
and the remaining part is equally divided between John's two grandchildren.
 (iv) A has two children, and no more, John and Mary. John dies before his
father, leaving his wife pregnant. Then A dies leaving Mary surviving him,
and in due time a child of John is born. A's property is to be equally divided
between Mary and the posthumous child.
 41: Rules for distribution wherein the intestate left no lineal descendants shall be as
per 42-28 but it is after deducting widow’s share (if intestate left widow)
 42: if father is alive he shall succeed the property (247 th LCR father to be replaced by
parents)
 43: if father is dead but mother is alive with bro/sis and no child leaving of any
deceased bro/sis (even half blood), everyone to get equal share.
o (if only one of the parent survives he should inherit absolutely).
 44: if father is dead, but mother, bro/sis, child of predeceased bro/sis then the child of
pre-deceased bro/sis would get only that much what his/her parents would have got if
they had been alive.
 45: mother + children of pre-deceased =
o A, the intestate, leaves no brother or sister but leaves his mother and one child of a
deceased sister, Mary, and two children of a deceased brother, George. The mother
takes one-third, the child of Mary takes one-third, and the children of George divide
the remaining one-third equally between them.
 46: father is dead, no bro/sis/nephew/niece then alive mother takes all.
 47: where no father no mother no lineal descendant but only bro/sis or child of
predeceased bro/sis then share to divided equally among bro/sis and child of
predeceased bro/sis would get the share as if their parents had been alive.
 o When there is brother and sis distribution is per stripes but no bro/sis then per
capita.
 48: where no bro/sis/father/mother/predeceased child then property to be equally
divided among relatives those of nearest degree.
 49: -Where a distributive share in the property of a person who has died intestate is claimed
by a child, or any descendant of a child, of such person, no money or other property which
the intestate may, during his life, have paid, given or settled to, or for the advancement of,
the child by whom or by whose descendant the claim is made shall be taken into account in
estimating such distributive share