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Kerala PSC India Year Book Study Materials Page 348
Book's First Pageof his property. Where the net value of the estate exceeds 5000, she is entitled to charge a sum of 5,000 with interest at four per cent payment and in the residue, she is entitled to her share. The Act imposes no restriction on the power of a person to will away his property. Under the second scheme, the Act provides for Parsi intestate succession. By The Indian Succession (Amendment) Act, 1991, the Act was amended to provide equal shares for both sons and daughters in their parental properties, irrespective of the fact that it was that of the father or that of the mother. It also enables the Parsis to bequeath their property to religious or charitable purposes, etc., without any restrictions. In effect the amended law provides that where a Parsi dies intestate leaving behind a widow or widower as the case may be and children, the property shall be divided so that the widow or widower and each child receives equal share. Further, where a Parsi dies leaving behind one or both parents in addition to children, or widow/widower and children, the property shall be so divided that the parent or each of the parents shall receive a share equal to half the share of each child. This Act was amended by The Indian Succession (Amendment) Act, 2002. It was felt that Section 32 of the Principal Act is discriminatory to widows and as such the proviso to Section 32 was omitted to remove discrimination in this regard. Section 213 was also amended by this amending Act to make Christians at par with other communities. The law relating to testamentary succession among Hindus, Buddhists, Sikhs or Jains, subject to certain restrictions and modifications is carried in Section 57 of the Indian Succession Act, 1925 read within the Third Schedule. The law relating to intestate succession among Hindus is codified in the Hindu Succession Act, 1956. It extends to the whole of India except the State of Jammu and Kashmir. The remarkable features of the Act are the recognition of the right of women to inherit property of an intestate equally with men and abolition of the life estate of female heirs. Further, (vide The Hindu Succession (Amendment) Act, 2005), the Hindu Succession Act, 1956 was amended so as to provide for the equal share to a coparcener daughter in a joint Hindu property. A vast majority of Muslims in India follow Hanafi doctrines of Sunni law. Courts presume that Muslims are governed by Hanafi law unless it is established to be the contrary. Though there are many features in common between Shia and Sunni schools, yet there are differences in some respects. Sunni law regards Quranic verses of inheritance as an addendum to pre-Islamic customary law and preserves the superior position of male agnates. Unlike Hindu and Christian laws, Muslim law restricts a persons right of testation. A Muslim can bequeath only one-third of his estate. A bequest to a stranger is valid without the consent of heirs if it does not exceed a third of the estate, but a bequest to an heir without the consent of other heirs is invalid. Consent of heirs to a bequest must be secured after the succession has opened and any consent given to a bequest during the life time of the testator can be retracted after his death. Shia law allows Muslims the freedom of bequest within the disposable third. Anand Marriage (Amendment) Act, 2012 The Anand Marriage Act, 1909 was enacted to remove doubts as to the validity of the marriage rights of the Sikh called “Anand” and it does not provide for the provisions of registration of marriages. The Hindu Marriage Act, 1955 applies to all Hindus, Buddhists, Jains or Sikhs by religion. It also applies to all other persons who are not Muslims, Christians, Parsis or Jews unless they establish that they were not governed by Hindu law, custom or usage prior to the Act. Section 8 of the Hindu Marriage Act, 1955 provides for registration of Hindu marriages