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