Green signal to – Female member can be Karta of HUF – Delhi HC

Brief of the Case

Delhi High Court held In the case of Mrs. Sujata Sharma vs. Shri Manu Gupta that post Hindu Succession (Amendment) Act, 2005 which amended the Hindu Succession Act, 1956, all rights which were available to a Hindu male are now also available to a Hindu female, there is no reason why Hindu women should be denied the position of a Karta. If a male member of an HUF, by virtue of his being the first born eldest, can be a Karta, so can a female member. There is no restriction in the law preventing the eldest female co-parcener of an HUF, from being its Karta. The appellant’s father’s right in the HUF did not dissipate but was inherited by her. Nor did her marriage alter the right to inherit the co-parcenary property to which she succeeded after her father’s demise in terms of Section 6. Accordingly, she is declared the Karta of D.R. Gupta & Sons (HUF).

Facts of the Case

The parties to the suit are the co-parceners of the D.R.Gupta & Sons, HUF. The issue in this case is whether the appellant (Female member), being the first born amongst the co-parceners of the HUF property, would by virtue of her birth, be entitled to be its Karta.

Contention of the Appellant

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