WILL - my mother married to Parsi gentlement WILL - my mother married to Parsi gentlement

4 months ago

My mother married to Parsi Gentleman after my fathers death 30 years ago. We are only 2 brothers. We are using old sirname. My mother sirname is changed after her new marriage which is registered. My new father is 86 yar old and has not made any will either on any one's name. What should my new father do that my mother (80 years) will get his property on her name and simultaneously on our name also. My new father has no blood relation relative except sisters son. Please guide.

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
Section 51 of the Indian Succession Act, 1925 deals with the division of the property of a male Parsi who died 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 in the property.
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