The Evolution of Kartas in Hindu Undivided Families - Landmark Case of Manu Gupta v. Sujata Sharma (Dec 4, 2023)
Understanding Company Law: Daughters as Kartas in Hindu Undivided Families (HUF) - With Reference to Manu Gupta v. Sujata Sharma (RFA(OS) NO. 13 OF 2016, CM APPEAL NO. 6041 OF 2016, DEC 4, 2023)
Introduction to Coparcenary: The concept of coparcenary arises from families jointly owning assets, where the owner traditionally has the right to manage it. Traditionally, under Hindu law, women were not considered entitled to coparcenary property and, consequently, could not assume the position of Kartas.
Change in Hindu Succession Act: The game-changing Amendment to Section 6 of the Hindu Succession Act in 1956 is noteworthy, redefining coparcenary beyond the traditional scope. Formerly limited to the devolution of interest in coparcenary property, it now encompasses all aspects of being a Coparcener, including the right to be a Karta.
Expanding the Role of Daughters: The case of Manu Gupta v. Sujata Sharma (RFA(OS) NO. 13 OF 2016, CM APPEAL NO. 6041 OF 2016, DEC 4, 2023) emphasizes the transformative shift. Daughters are now recognized as coparceners, not just inheriting coparcenary property but also gaining the right to become Kartas.
Anomalous Interpretation: Any suggestion that a woman can be a coparcener but not a Karta would be inconsistent and against the intended purpose of the Amendment.
Object of the Amendment: The primary objective of the Amendment was to promote equality and eliminate gender-based disparities in inheritance matters. Restricting daughters from becoming Kartas would contradict this very objective.
In conclusion, recent changes in the Hindu Succession Act acknowledge daughters as coparceners with the right to be Kartas in Hindu Undivided Families. The case of Manu Gupta v. Sujata Sharma (RFA(OS) NO. 13 OF 2016, CM APPEAL NO. 6041 OF 2016, DEC 4, 2023) reinforces this stance, marking a positive step towards gender equality and aligning with the broader purpose of legal amendments
