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:
- 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
- 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
- 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.
- 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.
The copy of the order is as under: