Men and women are born equal. Yet, historically and across regions, cultures, and races, despite the overall advancement of civilization there has been a hierarchical division of society, where women have been pigeonholed with a clear gender bias. Over the years, this has led to prejudice that has unfortunately relegated women to a secondary position in society, especially in the context of wealth and business.
Hindu women’s rights to inherited property have experienced extraordinary transformations. It has been amazing to see how Hindu women have gone from being marginalised to being acknowledged. While the Indian Constitution provides for an equal right for women in the economy and society in a traditional patriarchal society, women are still unclear to assert their legal rights.
The legislature has time and again, brought forth reforms to overcome this bigotry and free women from the shackles of such specious fetters. Mankind, literally speaking, has been forced by laws to acknowledge women’s rights, and laws are made to ensure women are entitled to the same privileges as available to men.
Despite reforms and progressive laws, real change has been slow due to the pervasive ambivalence and deeply ingrained stereotypes. It is known that though the right of women to own property came to be recognized under the Hindu Succession Act, of 1956, the grim reality for several years together was that women were compelled, by their circumstances and family members, to forgo their rights in the family properties.
A Hindu joint family typically consists of the common ancestor and his lineal descendants through generations and includes wives as well as widows. A Karta acts as the manager and leader of the HUF and plays a significant role in the stewardship of the HUF operations. Karta has restricted and limited powers, yet within his realm, he wields more powers compared to other coparceners or members of HUF.
The status of Karta is legally recognised, acknowledged, and awarded by the law, whereby Karta is the custodian of HUF’s assets and income and has to play the role of protecting the joint properties of HUF on behalf of all coparceners. However, the bias towards women which was so deeply entrenched in society, the prospect of a woman taking the position of Karta in an HUF, a role that was traditionally assumed by men was met with severe resistance. This disinclination in accepting a woman as a Karta, despite having been conferred equal coparcenary rights as men, was so significant that the Courts had to intervene in this matter.
Based on the Hindu Succession Act and supported by jurisprudence, daughters are entitled to receive an equal share in any property acquired by their parents along with the properties of Hindu undivided family (HUF). Hindu Succession (Amendment) Act 2005 has also conferred the coparcenary rights of a daughter (whether married or not), equivalent to that of a son in a Joint Hindu Family (governed by Mitakshara law).
The wives and daughters-in-law also become members of a HUF but not as coparceners, as a result, they cannot become the Karta of HUF. In cases where Karta passes away and is survived only by his wife and minor children, then the wife would act as a guardian/manager of the HUF until the eldest child attains the age of majority.
Recently, the Hon’ble Delhi High Court in the case of Manu Gupta v. Sujata Sharma [2023] 157 taxmann.com 234 (Delhi), upheld that a woman can be the “Karta” of HUF, extending the meaning of Section 6 of the Hindu Succession Act, which brings women at par with the men on matters of inheritance in joint properties. The High Court, in its verdict, underlined that neither the legislature nor the traditional Hindu law in any way limits the right of a woman to be a Karta.
The Court reaffirmed that a woman’s marital status or gender cannot be used as grounds to deny her to administer the HUF, since such an interpretation would be both discriminatory and in violation of section 6 of the Hindu Succession Act, which grants both a son and a daughter equal right as coparceners including the rights to manage the joint property.
Whatever skeptics may say about the future of Hindu joint families, this has been and will continue to be the fundamental element of Hindu existence. While there has been a significant reduction in discrimination against women, based on greater awareness and education everyone in society must embrace women’s equal rights in property and succession in true spirit.
-The author is Partner, Legacy Growth. Views expressed are personal.
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