Parsi Law

The committee while discussing Parsi Law started from the advent of the law itself and traced
the codification of it. The committee firstly discussed the concept of Intestate Succession among
Parsis in India. Section 50 to 56 of the Indian Succession Act, 1925 elaborates law of intestate
succession among Parsis in India. The committee observed that all these laws were modified
twice to tackle the problem of gender discrimination. The committee then suggests some reforms
regarding the Inheritance Rights of Illegitimate Children. The committee recommends the
Parliament to enact a law which would address the issue of legitimization of children born out of
live-in relationship that fail to reach the threshold of a deemed marriage. Also, the committee
suggested that such children should be entitled to inherit the self acquired property of their
parents. This right will held such illegitimate children for the purpose of claiming intestate
succession. The committee in this regarded suggested that a viable definition of ‘child’ should be
included in the Act of 1925.

Reforms Suggested:

As suggested by the committee, it is important to have a more viable of ‘child’ in the act. This
would help the courts to decide the cases of inheritance of children born out of live-in
relationship and also right of illegitimate children. It has been rightly pointed by the committee
that some state’s judiciary have taken laudable and liberal interpretations for the benefit of such
children, however there effect would be limited until a central legislature conferring such
legitimacy on illegitimate children is passed. One more apparent problem rightly pointed by the
committee in respect to intestate succession among Parsi Community in India was the missing
definition of Parsi in the Act of 1925. It is only defined in the Parsi Marriage and Divorce Act,
1936. A child of a Parsi Father and non Parsi mother would still be Parsi if they profess the
Zoroastrian religion. However, the same won’t apply if the mother is Parsi and father is non
Parsi. Hence, the committee suggested that even children in the second category, who prefer to
profess Zoroastrian Religion and not adopt their father’s religion, should be allowed to inherit.
This shall be a positive step as it is discriminatory and needs to be remedied soon. However, the
legislation while enacting legislation for this matter or making any amendment in this regard
should be cautious of all the loopholes that people would try to take undue advantage of. For
example, people preferring which religion to profess on the basis of what property they can
inherit. So, as committee suggested, the change is the need however a more detailed and
elaborate change should be made by the law makers.