HUF – Coparcener – Eldest daughter is entitled to be the Karta of the HUF – Amendment to the Hindu Succession Act, 1956 by the Hindu Succession (Amendment) Act, 2005 – All rights which were available to a Hindu male are now also available to a Hindu female. A daughter is now recognised as a co-parcener by birth in her own right and has the same rights in the co-parcenary property that are given to a son. [Hindu Succession Act 1956, Section 6]

The High Court had to consider whether the plaintiff, being the first born amongst the co-parceners of the HUF property, would by virtue of her birth, be entitled to be its Karta. HELD by the High Court upholding the claim:

(i) It is rather an odd proposition that 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. The clear language of section 6 of the Hindu Succession Act does not stipulate any such restriction.

(ii) The impediment which prevented a female member of a HUF from becoming its Karta was that she did not possess the necessary qualification of co-parcenership. Section 6 of the Hindu Succession Act is a socially beneficial legislation; it gives equal rights of inheritance to Hindu males and females. Its objective is to recognise the rights of female Hindus as co-parceners and to enhance their right to equality apropos succession. Therefore, Courts would be extremely vigilant apropos any endeavour to curtail or fetter the statutory guarantee of enhancement of their rights. Now that this disqualification has been removed by the 2005 Amendment, there is no reason why Hindu women should be denied the position of a Karta.

(Editor’s note: Readers are advised to refer to the feature Laws and Business by Anup Shah in various issues of BCAJ for a complete understanding of the subject).