When it comes to equality, even the Court is bound to give a landmark judgment. A suit was filed by the eldest daughter of a business family staking claim to be its Karta on the passing of her father and three uncles. This suit compelled the Court to rethink and negate the ancient custom followed till date. Women equalises with men SHE can now be a Karta.

Karta of a Hindu Undivided Family (HUF) can be the eldest female member of that family.  Delhi High Court in its landmark verdict said that the eldest female member of a family can be its “Karta”.

 

Ancient Hindu custom of a male being the Karta has been carved out by the recent judgment. The court finds no restriction in law preventing the eldest female coparcener of an HUF, from being its Karta.

• If a female member of a HUF, by virtue of her being the first born eldest, can be a Karta.
• Section 6 gave equal rights of inheritance to Hindu males and females

The Karta occupies a position superior to that of other members and has full authority to manage property, rituals or other crucial affairs of the family. The karta has superior powers over other family members in matters concerning management of properties and other family affairs. The title is usually given to the senior-most male member of a HUF. These include taking decisions on sale and purchase of family assets, mutation of property etc. Now, the same power and authority has been passed on to females.

 

The court termed it “rather odd” that following the amendments, “while females would have equal rights of inheritance in an HUF property, this right could nonetheless be curtailed when it comes to the management of the same”. Section 6 of Hindu Succession Act, it pointed out, did not place any restriction on women becoming the Karta.

 

Extending the meaning of Section 6 of the Hindu Succession Act, which bring women on a par with men with regard to inheritance in a HUF. Section 6 gave equal rights of inheritance to Hindu males and females; its objective is to recognise the rights of female Hindus and to enhance their rights to equality apropos succession.

 

The Indian Judiciary has proved again that gender equality should and will exist in corporate world.

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