Throughout history, India has long been strict about certain cultures. One of these practices that they have continued to preserve is the ruling that only a male can head the family. As described by DNA India, the "Karta" is the individual who typically holds a superior position as compared to the other members of the family. Traditionally, it is inherited by the male members of the family. He is the one who has authority to oversee after the property, rituals, and the crucial affairs involving the entire household.
As ruled by a Delhi High Court today, all that is about to change. Instead of only allowing a male member of the family, a landmark verdict now votes that the eldest female member of the family can be come the Karta. Justice Najmi Waziri said "If a male member of a Hindu Undivided Family (HUF), by virtue of his being the first-born eldest, can be a Karta, so can a female member. The court finds no restriction in law preventing the eldest female co-parcenor of an HUF, from being its Karta."
This verdict follows after a lawsuit was filed by a first-born daughter of a family with a business in north Delhi. After the death of her father and three uncles, she sought claim of being the Karta after her cousin brother claimed to be given the role. As reported by Time, the family all had four brothers whom all passed away. With this, a younger brother's eldest son declared himself to be the next Karta. But since the eldest brother had a first-born daughter, she contested and challenged him in court.
The Hindu reports that in 2005, an amendment to the Hindu Succession Act gave way to the inclusion of Section 6; wherein women were permitted to inherit property in a level-playing field. According to the claimant, Section 6 only gave equal rights to men with regards to succession of ancestral properties. It did not include management of the estate. Justice Waziri, however, corrected this and said that this equal rights of inheritance were given to both males and females. He shares that the objective of Section 6 amendment was to recognize the rights of the women.
