Comparative Study of Women’s Succession Laws Under Christian and Parsi Law

Authors

  • Laksh Verma Symbiosis Law School, Hyderabad, Telangana, India

Keywords:

Christian, Intestate, Parsi, Succession, Women.

Abstract

In India various subjects such as division of property is governed by law of religion because of which the laws for people of different might differ and in this research paper our aim is to compare and analyse the position of Parsi and Christian women with respect to inheritance under the Indian Succession Act. Throughout the course of the paper, we understood various provisions for distribution of property among Christians upon the death of intestate by studying the section 32 to section 49 of Indian Succession Act and a few major findings were these laws are not even uniform in nature, there exists an unequal division of property between the widow and lineal descendants of the intestate. We also studied the section 51 to section 56 of Indian Succession Act to find out the position of women with regard to inheritance of property and it seemed satisfactory because the distribution was uniform, the widow and her legal descendants had an equal share in the property of the intestate, apart from that even the father and mother are given an equal share that can be fair till an extend but they both receive an equal share it is not like the case of Christian succession in which the entire share of father and mother is given to father. Following were some of the major findings that make us ponder whether these laws are discriminatory or not. The author is of a strong opinion that the Christian succession laws are discriminatory that is reflected in the end of the paper along with some recommendation aiming towards getting women equal status as to that of men when it comes to inheritance. Background of the Study India is a land of various religions, there is a lot diversity in beliefs, traditions and customs. Often the laws governing family matters are ruled by religion, there are separate laws for people following different religion. People belonging to different religion are governed by the specific religious laws and in this paper we shall be studying about the laws governing Christian and Parsi Succession and comparing the place for women under both the laws.

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Published

2020-12-18

How to Cite

Verma, L. (2020). Comparative Study of Women’s Succession Laws Under Christian and Parsi Law. DME Journal of Law, 2(01), 66–73. Retrieved from https://www.dmejournals.com/index.php/DMEJL/article/view/115

Issue

Section

Research Article