Since ancient times the framing of all property laws have been exclusively for the benefit of man, and woman has been treated as subservient, and dependent on male support. The right to property is important for the freedom and development of a human being. Hindus were governed by Shastric and Customary laws which varied from region to region and sometimes it varied in the same region on a caste basis. As the country is vast and communications and social interactions in the past were difficult, it led to a diversity in the law. Consequently, in matters of succession also, there were different schools, like Dayabhaga in Bengal and the adjoining areas; Mayukha in Bombay, Konkan and Gujarat and Marumakkattayam or Nambudri in Kerala and Mitakshara in other parts of India with slight variations.
Get access to this section to get all the help you need with your essay and educational goals. Due to the development of Indian Legal System, of late, the female members are also given the right of share to the property in the HUF. HUF as a partner in a partnership firm HUF is a joint family consists of all lineally descended from a common ancestor. Hence, HUF is a group of members of the same family. Hence, the status of HUF cannot be termed as person.
At a time when women are fighting for their right to enter temples, the Delhi high court has ruled in a landmark verdict that the eldest woman member of a Hindu undivided family can be its karta manager of the family and its properties. Extending the meaning of Section 6 of the Hindu Succession Act, which brings women on a par with men with regard to inheritance in a Hindu undivided family Huf , Justice Najmi Waziri said the rights of a female family member cannot be curtailed when it comes to management of the property. The verdict came on a suit filed by the eldest daughter of a north Delhi business family, seeking entitlement as the karta on death of her father and three uncles. Ordinarily, a first-born male among the co-parceners of the Huf property is — by virtue of birth — entitled to be its karta.
Please join StudyMode to read the full document. The concept of Hindu joint family is nothing new, and it is in existence since long. This kind of family was well recognised by customary laws. According to the Bombay High Court, a joint Hindu family consists of all persons lineally descended from one common ancestor and includes their wives and unmarried daughters.
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