Can the eldest daughter be the Karta of a HUF?

Yes. After the 2005 amendment to Section 6 HSA, a daughter is a coparcener like a son. Gender is not a bar if she is the senior-most member.

What changed after the HSA 2005 amendment?

Daughters became coparceners with equal rights and duties. The earlier bar to a woman becoming Karta, due to lack of coparcenary, is gone.

Does custom override this statutory change?

No. Customary law cannot defeat a clear statutory provision. The court affirmed that statute prevails.

Who becomes Karta in a HUF?

The senior-most coparcener—male or female. Priority is based on seniority, not gender.

What was the outcome in Sujata Sharma’s case?

The court recognized that a woman can be Karta. The eldest daughter could lead the HUF when she is the senior-most member.

Law Easy

31 October, 2025

151

Sujata Sharma v. Manu Gupta — Can the Eldest Daughter Be Karta of HUF? | The Law Easy

Sujata Sharma v. Manu Gupta & Ors

Delhi High Court CS (OS) 2011/2006 HSA §6 HUF & Karta ~6 min read India

Author: Gulzar Hashmi Published: 31 Oct 2025 CASE_TITLE: Mrs Sujata Sharma v Shri Manu Gupta & Ors Slug: sujata-sharma-v-manu-gupta-ors

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CASE_TITLE: Mrs Sujata Sharma v Shri Manu Gupta & Ors PRIMARY_KEYWORDS: Karta of HUF, eldest daughter, coparcenary SECONDARY_KEYWORDS: HSA 2005, Section 6, Delhi High Court AUTHOR_NAME: Gulzar Hashmi LOCATION: India PUBLISH_DATE: 31 Oct 2025 Slug: sujata-sharma-v-manu-gupta-ors

Quick Summary

Can the eldest daughter lead a Hindu Undivided Family (HUF) as its Karta? The Delhi High Court said yes. After the 2005 amendment to Section 6 of the Hindu Succession Act, a daughter is a coparcener like a son. Since Karta-ship follows seniority among coparceners, gender is not a disqualification.

Issues

Is the eldest daughter of a HUF eligible to be the Karta?

Rules

Post-2005, a daughter is a coparcener with the same rights and duties as a son (HSA §6).
Karta is the senior-most coparcener; gender does not decide eligibility.
Customary practice cannot override a statutory provision.

Facts — Timeline

1963: D.R. Gupta created an HUF “D.R. Gupta and Sons,” with a leased Delhi bungalow and movables/shares.

1971: D.R. Gupta died. Eldest son Kishan Mohan Gupta became Karta.

Later: All five sons, including Kishan Mohan, passed away.

Claim: Manu Gupta, eldest surviving male from a younger branch, declared himself Karta.

Challenge: Sujata Sharma, eldest daughter of Kishan Mohan, asserted her right to be Karta as a coparcener under the 2005 amendment.

Suit: Mrs. Sharma filed a civil suit in the Delhi High Court seeking recognition as Karta.

Arguments

Appellant (Mrs. Sujata Sharma)

After HSA 2005, a daughter is a coparcener.
Seniority, not gender, decides Karta-ship.
Custom cannot defeat the statute.

Respondents (Manu Gupta & Ors)

Karta-ship traditionally with the eldest male.
Claimed daughter cannot be Karta despite coparcenary.
Sought recognition of his declaration as Karta.

Judgment

Held: A woman can be the Karta of a HUF. The earlier disability was the absence of coparcenary. After 2005, that disability is removed.

Statute prevails over contrary custom.
The senior-most coparcener—male or female—can be Karta.
Gender-based disqualification is impermissible.

Ratio Decidendi

Once daughters are coparceners under HSA §6 (2005), eligibility for Karta flows from coparcenary + seniority, not gender. Custom cannot override the statute.

Why It Matters (Exam & Practice)

Equality Milestone: Confirms leadership roles for daughters in HUFs.
Advisory Impact: Deeds, bank ops, tax filings may name a female Karta.
Litigation Clarity: Seniority determines Karta, not male lineage.

Key Takeaways

Daughters are coparceners (HSA §6).
Karta = senior-most coparcener.
Custom cannot beat statute.

Gender-neutral leadership in HUFs.
Update HUF records to reflect female Karta when applicable.
Use this case with Vineeta Sharma for exam answers.

Mnemonic + 3-Step Hook

Mnemonic: “Coparcener → Senior → Karta”

Coparcener: Daughter = Son after 2005.
Senior: Eldest coparcener leads.
Karta: Gender is irrelevant.

IRAC Outline

Issue

Can the eldest daughter of a HUF be the Karta?

Rule

HSA 2005 makes daughters coparceners; Karta is the senior-most coparcener; custom cannot override statute.

Application

Eldest daughter, being a coparcener and senior-most, meets Karta requirements despite gender-based objections.

Conclusion

Yes, she can be Karta. Gender is not a disqualification.

Glossary

HUF: Hindu Undivided Family: a family unit recognized in tax and personal law.
Karta: Head/manager of a HUF; leads and represents the family in legal and financial matters.
Coparcener: A member with birth-based interest in HUF property; after 2005, includes daughters.

FAQs

The senior-most coparcener, regardless of gender. After HSA 2005, daughters are coparceners too.

No. The court held that statute prevails. Gender-based bar is not valid after 2005.

HSA §6 (2005) gives daughters equal coparcenary status, removing the old bar.

It confirmed that a woman can be Karta if she is the senior-most coparcener. Custom cannot override statute.

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