Delhi High Court · Division Bench · 04.12.2023
The eldest coparcener can be Karta of an HUF, even if she is a woman
A Division Bench of the Delhi High Court upheld the declaration that the eldest coparcener, a daughter, is the Karta of the family HUF, holding that after the 2005 amendment to the Hindu Succession Act women have the same coparcenary rights, including the right to manage the HUF.
Key points
- After the 2005 amendment to Section 6 of the Hindu Succession Act, a daughter is a coparcener by birth with the same rights and liabilities as a son.
- The right to be Karta flows from being the senior-most coparcener; nothing in law bars a woman from it.
- A suit for a declaration of Karta status was maintainable without seeking possession; the Court directed the plaintiff to make good deficient court fee.
The facts
After the death of the male members of the senior generation of the D.R. Gupta & Sons HUF, the eldest daughter of the family claimed to be its Karta. A younger male member disputed this, claiming the role for himself. A single judge of the Delhi High Court declared her the Karta, and he appealed.
What the Court held
The Division Bench dismissed the appeal. It traced the 2005 amendment, which made daughters coparceners in their own right, and held that once a woman is a coparcener with equal rights, there is no basis to deny her the management of the HUF if she is the eldest. She was declared Karta for representing the HUF before the competent authorities. The suit for declaration was maintainable without a claim for possession, since the parties were in joint possession. The Court held that, as the suit was valued at ₹1 crore for jurisdiction, the fixed court fee paid was deficient and had to be made good.
Why it matters
Flats and shares in housing societies are often held in the name of an HUF through its Karta. When the Karta dies or changes, the society will need to record the new Karta for membership, nomination and correspondence. This judgment, though from Delhi, confirms that the new Karta can be a woman who is the senior-most coparcener. Societies should ask for the usual documents (HUF declaration or deed, family details and indemnity) rather than assuming the Karta must be male.
Sixty-two-page judgment in English. This page summarises the decision for general information; it is not a substitute for the full text and not legal advice. Check whether the decision has since been appealed, modified or overruled.
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