Case Law

Women can be Karta of an HUF: Delhi HC

CA Adityavikram Banka

Women can be Karta of an HUF: Delhi HC

MANU GUPTA Vs SUJATA SHARMA & ORS (Case No.: RFA(OS) 13/2016 & CM APPL. 6041/2016)

Order of the division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna while holding that women can be Karta of HUF:

1. Men and women historically were born equal. However, over a period of time, with the advancement of civilization and hierarchical division of society, women have

2. The unwavering certitude in the marginalisation of women, so deeply entrenched in society, is perceived to be imperilled by the prospect of a woman taking

3. The explicit language of Section 6 of the 2005 Amendment Act, clarifies that “same” rights conferred includes a woman’s entitlement to serve as a Karta. To say 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 the introduction.

4. If there arises any scepticism about the skills, efficiency, sincerity, or ability of female Coparceners to act as the Karta or being influenced by her n-laws, the other Coparceners have adequate remedies to seek for a partition or impeach any wrongful alienation of property made by the Karta.

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