Hindu Undivided Family And Karta
Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.
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By Sunil Garodia
First publised on 2023-12-17 02:53:57
About the Author
Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.
View all posts by this Author
In the patriarchal society of India, married women were not allowed to be equal inheritors in a Hindu Undivided Family (HUF) of their natal family. But the Hindu Succession Act was amended in 2005 to grant them this right. Post-2005, married women became co-parceners in such HUFs. Yet, given the nature of male stronghold on all family matters, they were not allowed to become karta, or head of such HUFs. A Karta, by definition, was the head of the HUF who took all decisions (either on their own or in consultation with the family) and who had the power to sign all documents on behalf of the HUF. As HUFs controlled several joint family assets and investments and the returns that accrued on them, male members were not willing to let go of the control. In 2016, the matter was challenged in the Delhi HC.
The court ruled in favour of women being allowed to become kartas. It was of the opinion that it is a logical step forward and if this is not allowed, the purpose of the 2005 amendment would be defeated. It also said that no law prevented a co-parcener in a HUF from becoming the karta (regardless of gender) if they were the seniormost member of the HUF. The 2016 ruling was challenged once again but Delhi HC recently upheld its earlier decision. The court said if a law has been found constitutionally valid, society cannot subvert it just because it has a different view.
It is not a new phenomenon that society cannot keep pace with changes in law. While lawmakers give women equal rights in many spheres, the patriarchal society still wants them to be kept subjugated. But what is logically sound, legally permitted and constitutionally valid has to be accepted regardless of the fact whether it is accepted by society. Also, if women are not allowed to become kartas, what happens to HUFs where there are no living male members or the surviving male member (or members) is a minor? Will they cease to exist? If so, what happens to the assets or investments made by such HUFs?
