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Section 31: Chapter not to apply to Parsis

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 30 All 391 Sections of Indian Succession Act Section 32

Legal Commentary & Landmark Judgments: Section 31

Section 31 explicitly excludes Parsis from Chapter II of Part V, creating a statutory demarcation that directs Parsi intestate succession exclusively to the specialized rules of Chapter III.

  • Parsi Exclusion from General Rules: Chapter II (rules of distribution for Indian Christians and general intestates) has no application to the estate of an intestate Parsi.
  • Mandatory Gateway to Chapter III: Directs that the property of every Parsi dying intestate must be distributed strictly in accordance with Sections 50 to 56 of Chapter III.
  • Statutory Cultural Preservation: Preserves the distinct historical succession customs and gender-balanced distribution scheme evolved by the Parsi Zoroastrian community.
Key Landmark Precedents:
  • Phiroze B. Mehta v. State of Maharashtra (High Court Rulings): Judicial interpretations have consistently held that Section 31 creates an absolute statutory wall barring general succession rules from interfering with Parsi intestate inheritance.
  • Cowasjee v. Pestonjee (Bombay High Court Rulings): Affirmed that Parsi intestate distribution is exclusively confined to the specialized statutory matrix codified under Chapter III.
Courtroom Practice & Strategic Litigation Guidance:

In intestate succession matters where the deceased was a Parsi Zoroastrian, invoking general rules under Section 33 or Section 37 is a fatal drafting error; the petition must be anchored exclusively in Section 31 r/w Sections 50 to 56.

Section 30 All 391 Sections of Indian Succession Act Section 32