Mrs. SUJATA SHARMA VS Shri. MANU GUPTA 226 DLT 647

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FACTS OF THE CASE

1. Dr. Gupta and his sons have a long term lease on a home in Delhi with some movable items and shares. Dr. Gupta died on 1^st October, 1971, leaving behind his five sons and their individual families.
2. Mr Kishan Mohan Gupta, the oldest son was the Karta of the Hindu Undivided Family. All five sons of Dr Gupta died afterwards and Kishan Gupta’s younger brother’s son Shri Manu Gupta declared himself as the Karta of the Hindu Undivided Family. He was the oldest living member of the Hindu Undivided Family.
3. Mrs. Sujata Sharma the plantif and the eldest daughter of Mr. Kishan Gupta, challenged Mr. Manu Gupta by stating that after her father and uncle, she is the senior most member of the Hindu Undivided Family.

ISSUES 

1. Is the eldest daughter of a Hindu Undivided Family is eligible for the title of Karta?

ARGUMENTS

Plaintiff argued that as she is the lady that doesn’t be the primary cause for her being denied the position of Karta in the Hindu Undivided Family. She further claimed that under the new clause of the Hindu Succession Act, 2005, a co-heir daughter can have some rights as co-heir son has in a Hindu Undivided Family.

The defendant contradicts such allegations, claiming that the new section that is section 6 of the Hindu Succession Act, 2005, only gives the daughter the same right as a male member to be deemed co-heir, but not to manage and not to be the Karta of the Hindu Undivided Family. He further argued that, because the plaintiff is married, she cannot be deemed as necessary co-heir of the Hindu Undivided Family.

JUDGEMENT

The Delhi High Court ruled that while women have equal rights in a Hindu Undivided Family property it could not reduce the right in the regim of the same property.

The court stated that obstruction to a women member of a Hindu Undivided Family of becoming its Karta was that, that she lacked the essential coheirship credits.

This detriment has now been removed by the amendment in THE HINDU SUCCESSION ACT, 2005. And after that there is no longer any reason for Hindu Women to be denied or deprived from the post of Karta in The Hindu Undivided Family. 

The court stated that female members might be Karta if the eldest son is frequently Karta.

REFERENCES

https://indiankanoon.org

https://lawplanet.in

https://traceyourcase.com

https://www.lawyersclubindia.com

This Article is written by Bhaavya Mishra of Vikramajit Singh Sanatan Dharma College, Intern at Legal Vidhiya.

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