Indian Succession Act of 1865
In 1835, the eldest son of an intestate Parsi filed a Suit in the Supreme Court of Bombay, claiming by the English law of primogeniture to be declared to the sole heir to the immovable estate of the deceased father. This alarmed the Bombay Community of Parsis who sent a Petition on 28-11-1835 to the Legislative Council praying to be protected against the threatened English Law. The appeal was successful and a Resolution passed in the Legislative Department in 1837. Under the Law of 1837 the property was divided by the Law according to the English Statute under a solution by which a third went to the widow and the residue was divided equally amongst the children. The Parsis were not satisfied with this and again appealed in November 1838 to be protected from the operation of the English Statute of Distribution in cases of intestacy and of the English Common Law relating to Husband and Wife, by virtue of which the wife could not exercise any independent disposing control during the life time of her husband over any property whatsoever, not even what she might have inherited from her own family. This memorial of 1838 was referred to the Indian Law Commission. Mr. Borrodaile was one of the members of this Commission and the Parsis carried on correspondence with him. They pointed out the case of a Parsi who had married a second time shortly before his death leaving some children by his first wife. One-third of the property went to the widow and the rest was equally divided amongst the other children. The Parsis also pointed out that if a son and a daughter got an equal share it was invidious as the son had to carry on the name of the father. So in 1855, the Parsis called a Meeting in the Banaji Fire Temple to consider and adopt measures for procuring the enactment of laws adapted to the Parsis. It was decided in the Meeting that the Managing Committee be appointed to draft a code of laws for the Parsis and a Petition be made to the Legislative Council of India. At this meeting an association called the Parsi Law Association was also formed.
In March 1860, the Commission presented to the Legislative Council this Code and an able petition from the Parsis and by its recommendation a Parsi Marriage and Divorce Act-1865 first came into existence and in 1865 The Parsi Succession Act No. 21 were enacted.
In 30s of the present century. It was felt that the revision of Act was very necessary. A lead was taken by Parsi Central Association under the Chairmanship of Cowasjee Jehangir II Baronet and Association had appointed Sub-Committee known as Parsi Laws Revision. The Sub committee’s Chairman was Mr. Muncherji P. Khareghat, I. C. S. It was revised again in 1939, which almost became ultimately Act No. XVII of 1939. Before the bill was introduced the Trustees of the Parsi Punchayet had called a number of associations together at a meeting to ascertain their views. Some of the women delegates representing a Women’s Association were very emphatic about giving an equal share to the daughter when the father died intestate. For several reasons the meeting of the Associations could not agree to it and according to the present Act a daughter gets half the share that a son and a widow get. It may be of interest to note that the recent Hindu Code puts the daughter on the same footing as the widow and the son. Under the Parsi Succession Act of 1865 the son got double the share of the widow and the daughter half the share of the widow.
A draft of the Bill was finalized. Some of the provisions of the old Act were doubtful and steps were taken to remove anomaly. The Act itself was incomplete in certain respects. Some of the women, representing women’s association methodically declared equal shares to the daughters if the father died intestate. As by the Parsi Succession Act of 1865 a son got double the share of the widow and daughters got half share of the widow.
Again, on 15th July 1959 a memorial was sent by the Trustees to the Government of India for revising the same, viz., to put Parsis on par with the other communities of India, viz., Jains, Muslims, Buddhists. A Bill was introduced in Parliament in 1952 and Act known as Indian Succession Act 1952 was passed in both the Parliaments which put the Parsis on par with other communities but only applied in case of Wills made by a dying Parsi after the commencement of the Act.
THE PARSI MARRIAGE & DIVORCE ACT:
In the Avesta and other scriptural documents of the Parsis the position of women, more especially of a wife has been extolled and there are several direct and indirect references which would go to show that there was the custom of monogamy amongst the early Zoroastrians. The position of women was much higher. During the times when the Parsi Punchayet was in its heydey punishments were given to second marriages in the lift time of the undivorced spouse as already stated earlier but the Act of 1865 for the first time made it obligatory on the Parsis to have only one wife or husband during the lift time of the spouse. That is how the Parsi Marriage and Divorce Act came into existence in 1865.
The Act laid down grounds for divorce or nullity as insanity, non-consummation owing to physical causes, absence or desertion for seven years, adultery and cruelty. The Act was based on Matrimonial Courts Act 1857 of England. The Marriage and Divorce Act got amended from time to time in 1936, 1962, etc. In 1936 it was found desirable to make the code subserve the modern trend and a revised Act came into existence. While almost all other grounds of divorce remained the same, the period of desertion was brought down from 7 years to 3 years and later to 1 year.
Bombay Parsi Punchayet Trust presently comprises of 7 Trustees and majority of them are engaged in respective professions / vocations, and they are elected as Trustees on purely honorary basis.
The management of administration of the Trust extends to various fields such as housing, education, employment, vocational guidance, school counselling, amelioration of priestly class, management of Agiaries, sanatoriums, infirmary, looking after aged, old and infirm, various educational programmes, apart from maintenance of the Doongerwadi. It looks after the weaker section of the community from the “womb to the tomb”.
Its activities also embrace 1391 Khatas. It handles 357 Class I Khata. 156 Class II Khatas, 878 Class III Khatas, with funds aggregating to approximately Rs. 30 Crores.
Class I Khata comprises of funds of Parsi Punchayet itself received by way of legacy, donations, etc. Class II Khata comprises of funds of various Anjumans of India; the Bombay Parsi Punchayet acts as a Custodian and the income there of is sent to the Anjumans for making their expenses. Class III Khata comprises of Punchayet funds donated by the various donors and legacies for objects specified in the letter of donation / legacies which are utilized by the Trustees for various charitable objects as directed by the various donors from time to time.
