Gauhati HC: DRT Has to Dispose of Application under Section 17 of SARFAESI Act as per RDB Act  ||  Kerala HC: Showing or Waving Black Flag to a Person Cannot Amount to Defamation  ||  Del. HC: Merit Based Review of Arb. Award Involving Reappraisal of Factual Findings is Impermissible  ||  Del. HC: It is the Product and Not the Technology Used that Determines HSN Classification  ||  P&H HC: Provis. of Punjab Recruitment of Ex-Servicemen (First Amendment) Rules are Unconstitutional  ||  Cal HC: High Time that Irretrievable Breakdown of Marriage be Read as Grounds of Desertion & Cruelty  ||  Supreme Court: Third Party Can File SLP Against Quashing Of Criminal Proceedings  ||  SC: Absolute Ownership in Property as Per HSA Can’t be Claimed by Woman with Limited Interest  ||  SC: Can’t Forego Fundamental Requirements of Election of Society in Absence of Specific Provisions  ||  SC: Special Efforts Should be Made to Identify Women Prisoners Eligible for Release u/s 479 of BNSS    

Sujata Sharma v Manu Gupta - (High Court of Delhi) (22 Dec 2015)

Women can be ‘karta’ of Hindu Undivided Family

MANU/DE/4372/2015

Family

Eldest co-parcener, even if a woman, can be ‘karta’ of a Hindu Undivided Family. The Delhi High Court noted that Section 6 of the Hindu Succession Act did not stipulate any restrictions to the effect, particularly since women had equal rights of inheritance in an HUF. It interpreted Section 6 of the Act to be socially beneficial legislation, objective of which was to recognise rights of Hindu females as co-parceners and enhance their right to equal treatment. Also were removed by the Hindu Succession (Amendment) Act, 2005, impediments to daughters being bestowed the same rights as sons. In the instant case, Plaintiff’s right to her father’s share in the HUF neither dissipated nor dissolved after her marriage.

Relevant : Tribhovan Das Haribhai Tamboli v. Gujarat Revenue Tribunal and Ors. MANU/SC/0355/1991 Nirmala & Ors. v. Government of NCT of Delhi & Ors.,MANU/DE/2717/2010 Section 6 of the Hindu Succession Act, 1956

Tags : CO-PARCENER   ELDEST DAUGHTER   KARTA   HUF  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved