What does Section 6 (2005 amendment) change?

It gives daughters the same coparcenary rights as sons in a Mitakshara HUF, including birthright in property and equal liabilities.

Did the court deny Karta status because the daughter was married?

No. Marriage does not disqualify a daughter from being a coparcener or becoming Karta if she is otherwise eligible.

Who can be Karta according to this ruling?

Any eligible coparcener. If the eldest coparcener is a woman, she can be Karta, provided other legal conditions are met.

Why is this case important?

It recognizes leadership and management rights for daughters in HUFs, aligning practice with the equality promised by Section 6 (2005).

Law Easy

31 October, 2025

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Sujatha Sharma v. Manu Gupta (2016) 226 DLT 647 — Can Eldest Daughter Be Karta? | The Law Easy

Sujatha Sharma v. Manu Gupta (2016) 226 DLT 647

Q: What was the key issue in Sujatha Sharma v. Manu Gupta?

Whether the eldest daughter, as a coparcener, can be the Karta of a Hindu Undivided Family after the 2005 amendment to Section 6.

Can the eldest daughter of a coparcenary be the Karta? Delhi High Court answers under Section 6 (2005).

Delhi High Court 2016 (2016) 226 DLT 647 Hindu Joint Family ~6 min read

eldest daughter karta coparcener rights Section 6 HSA 2005

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Author: Gulzar Hashmi | Location: India | Published: 31 Oct 2025

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Quick Summary

CASE_TITLE Sujatha Sharma v. Manu Gupta, (2016) 226 DLT 647

The Court held that a daughter who is a coparcener can be the Karta of a Hindu Undivided Family. Section 6 of the Hindu Succession (Amendment) Act, 2005 gives daughters the same coparcenary rights as sons. If the eldest coparcener is a woman, she can lead the HUF.

Graphic showing a daughter leading an HUF as Karta

Issues

Is the eldest daughter among the coparceners entitled to be the Karta of the HUF?

Rules

Statutory Rule

Section 6, Hindu Succession (Amendment) Act, 2005: A daughter of a coparcener in a Mitakshara HUF is a coparcener by birth, with the same rights and liabilities as a son.

Management Principle

Who can be Karta? The role normally goes to the eldest coparcener. Since a daughter is now a coparcener, she can be Karta if she is the senior-most and otherwise competent.

Timeline explainer for Section 6 rights of daughters

Facts (Timeline)

HUF: D.R. Gupta & Sons (HUF). Karta was D.R. Gupta with five sons.

After Founder’s Death: The eldest son became Karta. Later, all sons died.

Defendant’s Claim: As the eldest living male, the defendant declared himself Karta.

Plaintiff’s Stand: She is the eldest member/coparcener after her father and uncles died. Being a woman is not a disqualification.

Objections: Defence said Section 6 makes daughters coparceners but does not extend to management; also claimed marriage removes her from HUF.

Arguments

Appellant / Plaintiff

Eldest coparcener after deaths → entitled to be Karta.
Section 6 (2005) gives daughters equal coparcenary rights as sons.
Marriage does not erase coparcenary status or leadership eligibility.

Respondent / Defendant

Daughter may be coparcener, but not eligible to manage HUF property.
Only the eldest male can be Karta as per custom.
Post-marriage, plaintiff is not part of the HUF for Karta purposes.

Judgment

The Court held there is no valid reason to deny a Hindu woman the position of Karta. To be Karta, one must be a coparcener; the 2005 amendment makes a daughter a coparcener by birth. The eldest daughter, being the senior-most coparcener, can be Karta.

Ratio Decidendi

Equality within coparcenary: Section 6 (2005) removes the male-only bar. Karta-ship follows coparcenary. If the eldest coparcener is a woman, she can lead and manage the HUF.

Why It Matters

Aligns practice with the equality promise of the 2005 amendment.
Recognizes women’s leadership in family property management.
Provides a clear rule for succession of management in HUFs.

Key Takeaways

Daughters are coparceners by birth (Section 6, 2005).
Karta = senior-most coparcener → can be a woman.
Marriage does not strip Karta eligibility.
Management right flows from coparcenary status, not gender.

Mnemonic + 3-Step Hook

Mnemonic: ELDEST = KARTA — Eldest Coparcener Leads, Daughter Included.

Find the senior-most coparcener.
Check Section 6 rights (2005).
Conclude: If she is eldest → Karta.

IRAC Outline

Issue: Can the eldest daughter among coparceners be Karta?

Rule: Section 6 (2005) → daughter is a coparcener by birth with equal rights and liabilities.

Application: Plaintiff was the eldest coparcener; management right follows coparcenary. Marriage does not disqualify.

Conclusion: Yes. The eldest daughter can be Karta.

Glossary

Coparcener: Member with a birthright in HUF property and a share on partition.
Karta: Head and manager of the HUF who represents it and manages property.
HUF: Hindu Undivided Family under Mitakshara law.
Section 6 (2005): Amendment granting daughters equal coparcenary status.

FAQs

The senior-most coparcener of the HUF branch concerned leads. Compare seniority within the relevant coparcenary.

No. Section 6 gives rights by birth. Marriage does not remove those rights.

Custom cannot override the statute. After 2005, daughters share equal status as coparceners.

Being an eligible coparcener, typically the eldest and able to manage HUF affairs.

Page Metadata

PRIMARY_KEYWORDS: eldest daughter karta; coparcener rights; HUF management; Section 6 HSA 2005
SECONDARY_KEYWORDS: Delhi High Court; marriage and HUF; gender equality in HUF; Mitakshara
PUBLISH_DATE: 31 Oct 2025
AUTHOR_NAME: Gulzar Hashmi
LOCATION: India

Slug: sujatha-sharma-v-manu-gupta-2016-226-dlt-647
Canonical: https://thelaweasy.com/sujatha-sharma-v-manu-gupta-2016-226-dlt-647/
Citation: (2016) 226 DLT 647
Court: Delhi High Court
Jurisdiction: IN

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