Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Dilshad Merchant   29 October 2021

Application for bringing legal heirs on record

Dear Sirs/Madams,
I need your experienced guidance and rightful suggestions for my below mentioned query. Kindly share your opinions and guidance 🙏

I aged 43 years live with my mother aged 73 and two children both aged 17. My father and husband have expired 4 months ago.
We live in a Parsi trust society.
My parents are Parsi.
But I was married to a Muslim, and therefore my children are also Muslim by religion.
Our house is under litigation with the trust since the last 40 years. My late father was the respondent and the trustees had filed case against him as Illegal Tenant.
My father lost the case in lower court. Therefore he filed an appeal against trustees in 2013.
Now that my father is no more, my advocate filed application with relevant documents to bring my mother ( 1st) and me ( 2nd) as Legal Heirs on record in this Appeal.
The trustees ( respondents ) have given their say in positive for my mother, but in negative for me under the pretext that I was married to a non-parsi.
Now on next date an Argument will be held between my advocate and the respondent's advocate for me ( my advocate will argue on grounds that although I was married to non-parsi, I am yet the rightful legal heir of my late father, and, that now since that my husband has already expired, I'm living in my father's house with my two children and
mother. So the honourable court allow me to be on record as legal heir. ).

1) Now since my father's house is the last hope of shelter for me and my 2 children, I'm worried as to what consequences can occur if the honourable court doesn't grant permission for me to be on record as legal heir ??

2) If the court does not grant permission for me to be on record as legal heir, in such case what will be my security in future if my mother expires ??
In such case can I file a fresh and new case against the trustees on my behalf ??

A humble request to all you learned advocates, please guide me sincerely with all possibilities for my future and my children's future......
Rest God Almighty knows best 🙏


Learning

 10 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 October 2021

Christian and Parsi don’t identify the rights of an illegitimate child who is born out of the wedlock and they give recognition to only those children who are born from legitimate marriages. This was stated in the case of Raj Kumar Sharma v. Rajinder Nath Diwan AIR 1987 Del 323. Thus, child who is born out of the wedlock cannot claim any rights over the succession from his biological parents in the Christian and Parsi law. The community gives importance to relations running from lawful wedlock only.

G.L.N. Prasad (Retired employee.)     30 October 2021

Just check the meaning: "out of wedlock".

Dilshad Merchant   30 October 2021

Sir Rama Chary Rachakonda, I think you have misunderstood my question. I am legally and lawfully married and my children are from our legal and lawful marriage. Kindly read and understand my question before replying.

G.L.N. Prasad (Retired employee.)     30 October 2021

The court may not consider the personal problems of individuals, and the law must take its course.  No court can interfere in personal laws.  The facts are clear to you and you know that you have to be treated as a trespasser after the unfortunate death of your mother.  In your own interest, have a peaceful life, by adequate planning to shift from that building belonging to Parsi Community.

 

Anand Bali Adv. (Advocate Solicitor & Consultant)     30 October 2021

Dear Madam, In your case the vital question involved is Does a Parsi girl renounces all her rights in her father's property, Rights Or Liabilities after she is married to a Muslim husband or NOT?

 The answer is NO she does not. But remember all the rights go along with the Liabilities also attached to it. In case the Court declares adverse Judgement of the case you also have to bear the liabilities attached to it. 

Other grounds are also to be justified as the Natural Justice grounds.

You can file an injunction case along with your children where you as their guardian  against the Trust for until the final judgement does not come in the prevailing case of your father as not to dislodge you and your children from the property..   ,

Dilshad Merchant   30 October 2021

Dear learned advocates, can I file a fresh new suit against the trustees on my behalf ?
If yes, on what grounds ?

G.L.N. Prasad (Retired employee.)     30 October 2021

Contact the advocate dealing right from your late father, then mother, such chances of impleading as a legal heir in the same suit after your mother.  He can explore such chances if any, as he may be well aware of the details of the Parsis cases, where personal laws are involved.

Anand Bali Adv. (Advocate Solicitor & Consultant)     31 October 2021

Madam, filing a seperate suit against the Trust will may be a suicidal attempt for you if it is not accepted by the court saying that you trace the residential rights through your father and thus on same cause of action no other suit for the same benefisiories can be entertained as is barred under Ord 7 Rule 11 CPC. It is better you get yourself be included as a legal heir or show yourself dependent on your mother along with your children. in the prevailing case and become your mother's heir  but the regulations of law will be the same at that point also as of now to become joint heir with your mother at present time. Thus it is better you get yourself be included rightnow as a joint heir of your father in the present case. For more clearity you can call me by getting my phone number from the forum site itself. It is a complicated issue thus need a clear vision to understand your position in the prevailing suit.

P. Venu (Advocate)     31 October 2021

Irrespective of that you  married a person who is not a Parsi, you are still a legal heir to your father.  There is no provision in the Special Rules for intestate for succession among the Parsis (Section 50-55 of the Indian Succession Act) that a Parsi woman who has married outside the religion are dientitled to inherit her parents.

It could be that the respondent's objection is based on the custom or practice of religious excommunication of a Parsi woman on marrying a non-Parsi which  prohbits her from entering Parsi Institutions. The legality of such a custom/practice (doctrine of curvature), though upheld by Bombay/Gujarat High Court is under challenge in the Supreme Court  and has been referred to a Constitutional Bench.

1 Like

Anand Bali Adv. (Advocate Solicitor & Consultant)     01 November 2021

Please note: Where a Parsi dies leaving one or both parents in addition to children or widow or widower and children, the property of which such Parsi dies intestate shall be so divided that the parent or each of the parents shall receive a share equal to half the share of each child.]
Thus in your case the right to property as of the father will be divided equally between your mother and you ( if you both are only servivers of your deceased father. To get it more clearly you and your mother stands on the same footings as to the legal heir's rights with equal proportion. 
Further you or any of you between you and your mother can also relinquish her right to property in other's favour. 

 


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