Table of Contents

What is the Parsi Succession Act?Key Aspects of the Parsi Succession Act Example of Property Division Who Can Inherit Property Under the Parsi Succession Act?Types of Property Covered Under the Parsi Succession Act in India Rules of Distribution of Property Under the Parsi Succession Act Parsi Succession Act and Real Estate Transactions Recent Updates, Case Laws & Reforms How NoBroker Can Help with Legal Services?Frequently Asked Questions?

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Home Blog Real Estate Legal Guide & Laws Parsi Succession Act

Parsi Succession Act: Types, Rules of Inheritance for Parsis in India 2025

Published : September 24, 2025, 6:10 PM

Updated : November 27, 2025, 4:51 PM

Author : Vivek

Real Estate Legal Guide & Laws

Section

1073 views

Summary

The Parsi Succession Act, outlined in Sections 50–56 of the Indian Succession Act, 1925, regulates inheritance within the Parsi community. It ensures fair distribution of both movable and immovable property, granting equal rights to sons and daughters while also protecting the interests of spouses, parents, and descendants of pre-deceased children. By providing clarity in succession matters, these provisions safeguard family property and support transparent real estate dealings, with expert legal guidance simplifying compliance and ownership transfer.

Table of Contents

The Indian Succession Act, 1925, provides the overarching framework for inheritance laws in India, with specific provisions for different communities. For Parsis, intestate succession is governed under Sections 50-56, commonly referred to as the Parsi Succession Act. These rules outline how property is distributed when a Parsi individual passes away without leaving a will. By ensuring clarity and fairness, they play a crucial role in managing and transferring estates within the Parsi community.

What is the Parsi Succession Act?

The Parsi Succession Act’s objective is to provide a clear, codified set of rules for the distribution of property when a Parsi individual dies without leaving a valid will. It applies to all Parsis domiciled in India and governs the inheritance of both movable and immovable assets, ensuring a structured and equitable division among the legal heirs.

Key Aspects of the Parsi Succession Act

The Parsi succession law in India is distinguished by several progressive and unique principles that reflect the community's values. [1]

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The Act provides a precise and detailed hierarchy for the distribution of assets, leaving little room for ambiguity in intestate cases.
A cornerstone of Parsi succession law is gender equality.
The law gives significant importance to the immediate family unit, ensuring that the spouse, children, and parents of the deceased are the primary beneficiaries.
The Act includes provisions for the children of a pre-deceased son or daughter to inherit the share that their parent would have received, ensuring the lineage is protected.
These specific rules of intestate succession apply exclusively to individuals who profess the Zoroastrian religion.

Example of Property Division

The division of property under Parsi intestate succession is highly structured. Here are a few common scenarios: [1]

With widow/widower and children: If a Parsi individual dies leaving a spouse and children, the spouse receives half of the property, and the remaining half is divided equally among all the children.
With parents: If the deceased leaves behind parents in addition to a spouse and children, the parents' share is determined based on specific rules, often receiving a share equal to half of each child's share.
With pre-deceased descendants: If a child of the deceased has passed away but has left their own children (the grandchildren of the deceased), those grandchildren will collectively inherit the share their parent would have received.

Who Can Inherit Property Under the Parsi Succession Act?

The inheritance of Parsis under the Indian Succession Act follows a clearly defined order of preference. The primary legal heirs are the immediate family members. [1]

Class I Heirs: The closest relatives who have the first right to the property. This category includes:
- The spouse (widow or widower).
- The children (both sons and daughters get equal shares).
- The parents (both father and mother, who also receive shares).
Class II Heirs: If there are no relatives in Class I, the property then passes to the next level of relatives, which includes siblings and their descendants.
Other Relatives: The Act provides a further detailed list of next-of-kin who can inherit in the absence of Class I and Class II heirs.

Types of Property Covered Under the Parsi Succession Act in India

The provisions of the Parsi Succession Act apply to all types of property owned by the deceased. [1]

Immovable Property: Land, residential houses, commercial buildings, and any other property that is attached to the earth.
Movable Property: Bank accounts, fixed deposits, stocks and shares, mutual funds, vehicles, jewellery, and other personal belongings.

Rules of Distribution of Property Under the Parsi Succession Act

The Parsi intestate succession under the Indian Succession Act is governed by a precise set of distribution rules, which are detailed in Sections 50 to 56.

Spouse and Children Only: If the deceased leaves a spouse and children, the spouse gets half, and the children get the other half, divided equally among them. If there are no children, the spouse receives half, and the parents receive the other half.
Spouse, Children, and Parents: If the deceased leaves parents in addition to a spouse and children, the property is divided such that each parent receives a share equal to half of each child's share.
No Spouse, but Children and Parents: If there is no surviving spouse, the property is divided among the children and parents, with each parent receiving a share equal to half of each child's share.
Only Relatives: In the absence of any immediate family (spouse, children, parents), the property is distributed among the next of kin in a specified order of preference.

Parsi Succession Act and Real Estate Transactions

Understanding the Parsi succession act in India is crucial when dealing with a property owned by a Parsi individual, especially in a resale transaction.

Importance for Buyers/Sellers: If the property being bought from a Parsi individual was inherited, the buyer must verify that all legal heirs, as per the Parsi Succession Act, have consented to the sale.
Ensuring Clean Title Transfer: A buyer's legal team must conduct thorough due diligence to trace the ownership history and confirm that the property was correctly distributed among all legal heirs in any previous intestate succession.
Verifying Legal Heirs: This often requires obtaining a Succession Certificate or a similar court order that officially identifies all legal heirs and their respective shares, preventing future claims on the property.
Practical Checklist for Real Estate Investors:
- Always ask for the complete chain of title documents.
- In case of inherited property, demand a copy of the Succession Certificate or probate of the Will.
- Ensure that a No Objection Certificate (NOC) has been obtained from all legal heirs.
- Engage a legal expert to verify compliance with the specific rules of the Parsi Succession Act.

Recent Updates, Case Laws & Reforms

A landmark judgment in the case of Goolrokh Gupta v. Burjor Pardiwala addressed the rights of Parsi women who marry non-Parsis. The Supreme Court upheld a woman's right to retain her religious identity after marrying outside the community, which has significant implications for her rights, including the right to enter community religious spaces. However, the succession rights of children born from such inter-community marriages remain a complex and debated issue within the community, with calls for further reforms to ensure complete gender equality.

How NoBroker Can Help with Legal Services?

Navigating the complexities of inheritance, especially the specific nuances of the Parsi Succession Act, can be challenging. NoBroker’s legal services provide expert assistance in this domain. Our team of experienced lawyers can help you with the drafting and registration of Wills in India, guide you through the process of obtaining a Succession Certificate, and provide comprehensive legal advice on all matters related to property inheritance, ensuring your rights are protected.

Frequently Asked Questions?

Q1. Who are the legal heirs under the Parsi Succession Act?

Ans. The primary legal heirs are the spouse, children (sons and daughters equally), and parents of the deceased. In their absence, other relatives inherit.

Q2. How is property divided among Parsis if there is no will?

Ans. The property is divided according to a fixed statutory formula. For example, a spouse and children would result in the spouse getting half and the children sharing the other half.

Q3. Do daughters get an equal share in Parsi succession?

Ans. Yes, a key feature of the Parsi Succession Act is gender equality. Daughters and sons receive an absolutely equal share in the property of their parents.Ans.

Q4. How do I apply for a Parsi succession certificate?

Ans. The application is made by filing a petition in the District Court under Section 372 of the Indian Succession Act, providing all details of the deceased and the heirs.

Q5. Is probate compulsory for a Parsi will?

Ans. Probate is compulsory if the Will was made within the jurisdiction of Mumbai, Kolkata, or Chennai, or if it deals with immovable property situated in these cities.

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Vivek,Author

With over 23 years of experience in Real Estate, and an architecture degree, Vivek is here to help others buy/sell or rent the right way. Through his writing you will find out what people look for, and what you can do to get the best out of your home, and also how to get the best for your home.

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