Question: Whether woman can be Karta of HUF ???
There was no such reason for this
question ever before why woman were deprived from being Karta of HUF. But as
per recent judgment of Delhi High Court
in case of Mrs. Sujata Sharma (Plantiff) vs Shri Manu Gupta (Defendant) dated
22.12.2015, woman can be a Karta of HUF.
Facts of the Case: The eldest daughter of the HUF
family filed the suit against the cousin brother claiming her right to be Karta
of HUF after the passing of her father and three uncles. The learned counsel of
for the plaintiff further argued that when woman are equal in all respects in
modern life as per 174th report of the Law Commission of India so, why
they should be deprived from such right and privilege of managing HUF as their Karta.
On the other hand Section 6 of Hindu Succession Act does not curtails the right
of woman to be Karta of HUF.
Decision: The court finds no restriction in
the law preventing the eldest female co - parcener of an HUF, from being Karta
of HUF.
Article by Ms. Karishma Sharma
