Women can be the Karta of a Hindu Undivided Family (HUF), the Delhi High Court has ruled. While upholding a 2016 order of a single-judge Bench, the two-judge Bench of Justice Sunil Kumar Kait and Justice Neena Bansal Krishna said that neither legislative provisions nor traditional Hindu Law restrict a woman from assuming the role of a Karta in a HUF.
Referring to the amendment made in the Hindu succession law in 2005 which promises equal rights to daughters in property, the high court said that saying that a woman can be a coparcener but not a Karta would be giving an interpretation “which would not only be anomalous but also against the stated object of introduction of amendment”.
The right to become a manager (Karta) depends upon the fundamental fact that the person on whom it devolves is a coparcener of the joint family. Consequently, under traditional Hindu Law, no women member could be a manager or Karta of a joint family before the 2005 amendment was made.
After an amendment to Section 6 of the Hindu Succession Act of 1956 in 2005, daughters have been put on a par with sons, as far as coparcenary rights in HUF property are concerned. Consequently, the daughter gets all the rights attached to the coparcenary.
“Neither the legislature nor the traditional Hindu law in any way limits the right of a woman to be a Karta. Also, societal perceptions cannot be a reason to deny the rights expressly conferred by the legislature,” the HC said in its order dated December 4, 2023.
The test of popular acceptance does not furnish a valid basis to disregard statutory rights that are conferred with the sanctity of constitutional protection, the HC said, adding that real change has been slow due to the pervasive ambivalence and deeply ingrained stereotypes.
“This is where Courts assume significance for facilitation of implementation of the laws resulting in actualisation for the stakeholders.”
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An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
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