Women as Karta of Hindu Undivided Families: A Landmark Judgement

The Delhi High Court in a historic judgment, has upheld the rights of Hindu daughters to serve as Karta of Hindu Undivided Families (HUF), marking a significant development in gender equality within Hindu inheritance law. This decision aligns with the amended provisions of Section 6 of the Hindu Succession Act, 1956, which now recognize daughters as coparceners with rights equal to those of sons.

Background

Traditionally, the role of Karta, or manager, of an HUF was reserved exclusively for the eldest male member. Section 6 of the original Hindu Succession Act, 1956, limited the coparcenary rights of daughters, resulting in unequal inheritance rights in coparcenary property. However, the Hindu Succession (Amendment) Act, 2005 redefined Section 6, enabling daughters to inherit equally as coparceners. This change removed previous gender-based disqualifications but left ambiguity regarding whether daughters could assume the Karta’s role.

Facts of the Case

In this case, a family dispute arose regarding the appointment of a Karta following the death of all male heirs. The respondent, the granddaughter of the family patriarch, sought to serve as Karta, while opposing family members, particularly male descendants, contended that her position as a woman disqualified her from assuming this role. The High Court examined whether the acknowledgment of daughters as coparceners under Section 6 of the Hindu Succession Act also conferred the right to act as Karta of an HUF.

Judgment

The Delhi High Court, building on its earlier ruling in Mrs. Sujata Sharma v Shri Manu Gupta & Ors (CS (OS) 2011/2006), firmly ruled in favor of gender equality in inheritance. The Court found no legal or traditional barriers in Hindu law that would prevent a daughter from assuming the position of Karta. Key points in the judgment include:

• Interpretation of Section 6 of the Hindu Succession Act: The Court interpreted Section 6 to encompass all aspects of coparcenary rights, including the right to become a Karta. It emphasized that the language of the amended Act is unambiguous and does not restrict daughters from becoming managers of HUF property.

• Historical Gender Biases and Societal Views: The Court acknowledged that traditional views restricted women’s rights in family inheritance matters. However, it rejected these perspectives, affirming that statutory rights conferred by the legislature cannot be overridden by societal biases.

• Male Objections Based on Traditional Roles: One objection raised was that a female Karta’s husband might indirectly control HUF matters, a claim the Court dismissed as “parochial.” The Court held that statutory rights should not be subject to assumptions about marital roles or influence within the HUF.

Analysis and Impact

This decision has significant implications for gender equality within Hindu family law. The Court’s ruling aligns with the progressive shift toward gender-neutral inheritance laws, extending the right of Karta to Hindu daughters who are coparceners.

• Elimination of Gender-based Restrictions: The judgment eliminates the longstanding notion that women, even with coparcenary rights, cannot manage HUF property. By affirming the legal status of daughters as eligible for Karta roles, the Court has broadened the scope of the 2005 amendment, ensuring that women’s inheritance rights are not limited to ownership alone but extend to management and decision-making authority within the HUF.

• Encouragement of Equal Inheritance Practices: This ruling could encourage similar interpretations in other states, fostering gender equality across India’s judicial system. It challenges entrenched biases in family roles, paving the way for women to take on leadership responsibilities within their families.

• Rejection of Societal and Marital Stereotypes: The Court’s dismissal of stereotypical arguments against female Kartas signals a strong stance on gender equality. This rejection of discriminatory views against married daughters managing their family’s HUF is a crucial affirmation of women’s autonomy.

Conclusion

The Delhi High Court’s judgment is a landmark ruling that has transformed the understanding of coparcenary rights under Hindu law, positioning women as equal inheritors and managers of family property. By clarifying the scope of the Hindu Succession (Amendment) Act, 2005, the Court has dismantled the historical barriers that once confined the Karta role to male members. This judgement establishes an empowered path forward, reinforcing that equal inheritance rights for women are inseparable from the responsibilities and authority they entail.

This legal development is expected to have far-reaching effects, promoting gender parity and fair treatment in HUF management across India.

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Article Compiled by:-

~Mayank Garg

(LegalMantra.net Team)

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