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Report No. 110

10.5. Section 51.-

Section 51 deals with the division of the property of a male Parsi intestate among his widow, children and parents. Clauses (a) and (b) of sub-section (1) of the section provide that the share of each son shall be double the share of each daughter on such intestate succession.

In cases where the intestate succession is in respect of the property of a female Parsi, section 52 provides that (1) the widower and each child receive equal shares and (2) where there is no widower, the children get equal shares. Thus, on the father's death, the son is entitled tq double the share of each daughter of the property but, on the mother's death, the children (which, of course, means sons and daughters) get equal shares.

The discrimination made in the first situation between sons and daughters does not seem to be reasonable at the present day. It may be noted that under the Hindu Succession Act1, the property of an intestate shall be divided among the heirs specified in that regard, which (interalia) include the surviving sons and daughters, and each heir takes one share, irrespective of sex. In contrast, the Indian Succession Act appears to be discriminatory.

1. Section 10, rule 2, Hindu Succession Act, 1956.

The Indian Succession Act, 1925 Back

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