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INTRODUCTION
The Indian HUF is like the mythical ‘10-headed hydra’, cut off one head of controversy and two new controversies will spring up in its place! The storm over daughters being coparceners in their father’s HUF raged on for a very long time and finally, a three-judge decision of the Supreme Court in Vineeta Sharma’s case settled the issue. Just when one thought that this matter had been resolved, a new, related issue has cropped up – can one be a coparcener in his/her maternal grandfather’s HUF?
To discuss and deliberate on this issue, one would first need to understand the checkered background in relation to this aspect and then move on to the problem at hand.
HINDU SUCCESSION ACT – 2005 AMENDMENT
The Hindu Succession (Amendment) Act, 2005, amended the Hindu Succession Act, 1956 with effect from 9th September 2005. The Hindu Succession Act, 1956, is one of the few codified statutes under the Hindu Law. It applies to all cases of intestate succession by Hindus. The Act applies to Hindus, Jains, Sikhs, Buddhists and to any person who is not a Muslim, Christian, Parsi or a Jew. Any person who becomes a Hindu by conversion is also covered by the Act. The Act overrides all Hindu customs, traditions and usages and
