Showing posts with label WOMAN. Show all posts
Showing posts with label WOMAN. Show all posts

Thursday, 13 October 2016

Limited role for wife in HUF

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Several landmark judgments have improved the woman's position in a Hindu Undivided Family (HUF), such as one that ruled the eldest daughter, even if married, can replace her father as karta in an HUF after his death. However, a karta's wife or daughter-in-law cannot replace him.
According to HUF laws, when a karta - or manager - of an HUF passes away, his eldest son automatically replaces him. But, cases where a karta only has daughter/s, or his children are minors, have been subjects of dispute.
WOMEN’S STATUS IN AN HUF
  • In 2005, the Hindu Succession Act gave equal rights to daughters in an HUF
  • Daughters can become karta as they are coparceners
  • Wives and daughters-in-law cannot becomekarta as they are not coparceners
  • The wife will get husband’s share in an estate after his death
  • The wife can only be the guardian of an HUF after husband’s death until the eldest child becomes a major

The position of a karta is a powerful one, for this person controls, and is also the custodian of, the finances of an HUF. "The karta borrows money on behalf of the family. He can spend money for the family without being accountable to the members, as all his actions are assumed to be carried out for the benefit of the family. The decisions of the karta are binding on other members," says Hitesh Jain, senior partner at ALMT Legal. But, the karta cannot divide the estate disproportionately, or use the assets for the benefit of one member, without the consent of others. In an HUF, an individual does not have a claim on any assets unless they are partitioned. The assets belong to everyone and everyone benefits from them.

Tuesday, 30 August 2016

Woman set on fire for allegedly rejecting marriage proposal in Delhi

Rape
In a shocking incident, a 25-year old woman was set ablaze by a man for allegedly turning down his wedding proposal.
The incident took place at the victim's home in northwest Delhi's Bhalswa Dairy area, when the accused, Abhishek along with his friends Vijay, Karan and few others went there and started beating the woman's relatives.
A relative of the victim, Gita said that whenever the girl used to go out, the boys used to harass her.
"It had been seven-ten days since they began troubling her. Still she used to ignore them. When she could not tolerate further, she told this to her brother, who asked him to stay away from her. The harassing stopped for a few days, but then it started again," she added.
Gita said the accused's name is Abhishek and that he stays in the neighbourhood.
"20-25 men came and started beating us with rods. Abhishek's four-five uncles were also there and with his friends as well. Abhishek started threatening the girl but she refused to marry him. He then poured kerosene on her, set her on fire and ran away," she added.
Gita further stated that there is no hope for the girl's survival, as 95 percent of her read more..