Laws for the Parsis

LAWS FOR THE PARSIS

by ARYAN TOPPO


In order to create Parsi law, a Parsi law association was established in 1855. This association submitted a draft code on inheritance, succession, and matrimonial matters to the legislative assembly of India (India code, nd). The Parsi marriage and divorce act and the Parsi intestate succession act were passed into law in 1865, The Parsi marriage and divorce act 1865, 1936, (Amendment) 1940, and 1988. The Persian marriage and divorce act was later replaced by the act of 1936 (tutorialspoint, 2024) . The 1865 Act includes provisions such as:

~ Marriage validity:

     1.   A marriage is not valid if the couple did not reach the age requirement of 21 years; 2. A marriage is not valid if the couple is related to the same blood; 3. A marriage is not valid if it is not solemnized as the Parsis tradition or ceremony (Ashirvad).

~Divorce:

  1. A person can only sue for divorce if the marriage was not executed within one year. 2. A person can sue for divorce if the defendant is mentally ill at the time of marriage; 3. A person can sue for divorce if the defendant is pregnant by someone else at the time of marriage.

~Remarriage:

  1.  A person can remarry if his/her partner is still alive or unless they are legally divorced.


The Indian succession act of 1865:  This act organized laws for Parsi succession. This act for the first time provides a share to the widow or daughter of a Parsi dying (without a will) in the mofussil (rural areas). Basically, it was a significant move towards gender equality in inheritance rights within the community (ezyLegal, 2024).


~Succession for intestate Parsis:

  1.  If a Parsis died without a widow, or widower, their next of kin will get the entire property.

  2. Males will inherit double the share of females in the same blood relation.

  3. If they are not entitled to inherit, the property will equally share among the closest relatives.

~Testamentary succession of Parsis:

  1. If a Parsi died with a will, the general provision of act applied.

~High court ruling:

  1. The High court ruled that the Act’s succession of Parsis will also apply for Zoroastrians of Iran.








References

ezyLegal. (2024, nd nd). Understanding Parsi succession law. Understanding the Evolution and Nuances of Succession Laws Amongst Parsi in India. https://www.ezylegal.in/blogs/succession-laws-for-parsis-in-india

India code. (nd, nd nd). parsi marriage and divorce act. arengement of section. https://www.indiacode.nic.in/bitstream/123456789/2476/1/a1936_____3.pdf

tutorialspoint. (2024, nd nd). what is Parsi personal law. what is Parsi personal law. torialspoint.com/parsi-personal-law-in-india-an-overview#:~:text=The%20Parsi%20Marriage%20and%20Divorce%20Act%20of%201936%20states%20that,presence%20of%20two%20Parsis%20witnesses.

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