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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 of As 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