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  • The Indian envoy in Bangladesh was summoned by the country's government over the breach in the Bangladesh mission in Agartala
  • Bank account to soon have 4 nominees each
  • TMC and SP stayed away from the INDIA bloc protest over the Adani issue in the Lok Sabha
  • Delhi HC stops the police from arresting Nadeem Khan over a viral video which the police claimed promoted 'enmity'. Court says 'India's harmony not so fragile'
  • Trafiksol asked to refund IPO money by Sebi on account of alleged fraud
  • Re goes down to 84.76 against the USD but ends flat after RBI intervenes
  • Sin goods like tobacco, cigarettes and soft drinks likely to face 35% GST in the post-compensation cess era
  • Bank credit growth slows to 11% (20.6% last year) with retail oans also showing a slowdown
  • Stock markets continue their winning streak on Tuesday: Sensex jumps 597 points to 80845 and Nifty gains 181 points to 24457
  • Asian junior hockey: Defending champions India enter the finals by beating Malaysia 3-1, to play Pakistan for the title
  • Chess World title match: Ding Liren salvages a sraw in the 7th game which he almost lost
  • Experts speculate whether Ding Liren wants the world title match against D Gukesh to go into tie-break after he let off Gukesh easily in the 5th game
  • Tata Memorial Hospital and AIIMS have severely criticized former cricketer and Congress leader Navjot Singh Sidhu for claiming that his wife fought back cancer with home remedies like haldi, garlic and neem. The hospitals warned the public for not going for such unproven remedies and not delaying treatment as it could prove fatal
  • 3 persons died and scores of policemen wer injured when a survey of a mosque in Sambhal near Bareilly in UP turned violent
  • Bangladesh to review power pacts with Indian companies, including those of the Adani group
D Gukesh is the new chess world champion at 18, the first teen to wear the crown. Capitalizes on an error by Ding Liren to snatch the crown by winning the final game g
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Hindu Undivided Family And Karta

By Sunil Garodia
First publised on 2023-12-17 02:53:57

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.

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?

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