Abstract

A small community of Parsi Zoroastrians in India, whose religion interest as well as their identity as a citizen has to be preserved in order to protect their interests as citizen of India and they are resembling a particular community as per the Indian Constitution. After the Legislature has started stirring up the matter of Uniform Civil Code in India, it has brought to a concern for these Parsi Zoroastrians which will affect their succession rights. In this due course it has brought to an utmost importance to look upon their evolution in India and how Succession law trends have been set for them. This research paper is an attempt to ponder who is a Parsi under the Indian Succession Act, 1925 and whether the illegitimate child can be counted as a successor. This paper would largely concentrate on the development of the Parsi succession which has evolved in years due to legislation and judicial precedents. This paper would also critically analyse the sections of the current Succession legislation to derive how the small community can protect its customary laws along with providing the women of the community their rights which they have been demanding lately. Further the research paper aims to critically analyse the evolution of the succession laws of Parsi’s and how the transfer of the property is to be made for children born out of a Parsi marriage and a non- Parsi marriage. It is interesting to point that there are less of literature reviews over the succession of the Parsi’s are written and the illegitimate child or an adopted child getting the property has not been suggested at many places and have simply decoded the judgement precedent or literature reviews.

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