SUJATA SHARMA Vs. MANU GUPTA

JUDGEMENT

(1.) Issues in this matter were framed on 15th September, 2008. Issue No. 1 i.e. "Whether the suit has been valued properly and proper court fee has been paid thereon" is to be treated as a preliminary issue.

(2.) The brief facts of the case as per plaint are that the plaintiff and defendant Nos. 1 to 4, 6, 7, 9-11,12A, 14, and 16 are descendants of late Shri D.R. Gupta, who had constituted a Joint Hindu Family HUF known as D.R. Gupta and Sons, HUF. The said HUF has been in existence since 5th January, 1963 as stated in late Shri D.R. Gupta's affidavit of the same date wherein he has stated that all his immovable and moveable properties will belong to the HUF. The said Shri D.R. Gupta expired on 1st October, 1971. Naturally, the eldest living coparcener took over as Karta of the HUF. Thereafter, after the death of each subsequent son of Late Shri D.R. Gupta, of which there were five, the present situation arose after the death of the fifth son of late Shri D.R. Gupta and the then Karta of the HUF in 2006.

(3.) The plaintiff being born in 1946 and being the daughter of the eldest son of late Shri D.R. Gupta, discussed with other members of the family as to who ought to be the next Karta of the HUF. It was enquired of the plaintiff whether she being the oldest coparcener of the HUF would now be its Karta. Out of all the defendants, only defendant Nos. 1 to 5, 10 and 11 have opposed the idea of the plaintiff being Karta. Defendant Nos. 6 to 9, 12, 12A, 14, 15, 16 and 17 have given 'No Objection' certificates regarding the same. For her part, the plaintiff has stated that taking stock of the 2005 amendments in the Hindu Succession Act, 1955 due to which now daughters also have a coparcenary right in a Joint Hindu Family HUF by virtue of their birth, the plaintiff being the eldest coparcener alive ought to simply be declared the Karta thereof.