Hindu Succession Act,1956

Act No : 30

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Section : Special provision respecting dwelling- houses.

23.Special provision respecting dwelling- houses.Where a Hindu intestate has left surviving him or her both male and female heirs specified in class I of the Schedule and his or her property includes a dwelling-house wholly occupied by members of his or her family, then, notwithstanding anything con- 180 tained in this Act, the right of any such female heir to claim partition of the dwelling-house shall not arise until the male heirs choose to divide their respective shares therein ; but the female heir shall be entitled to a right of residence therein: Provided that where such female heir is a daughter, she shall be entitled to a right of residence in the dwelling-house only if she is unmarried or has been deserted by or has separated from her husband or is a widow.

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Prakash Yedhula wrote on 02 May 2009

Selling of half share by sole male heir is an indication of his desire to partition and there cannot operate any restriction on the female heirs.-Mooka Ammal v. Chitradeva Ammal 1980 HLR 353

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