Legal Version
(16) Special provisions respecting dwelling houses - Sec.23
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 contained 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.
Simplified Version
(16) Special provisions respecting residential houses - Sec.23
Intestate- person dying without will.
Where the intestate property is a residential home or includes residential
house, then the female heirs does not have a right to claim partition of such
house, until male members choose to do so. However if the house is rented out
then female heir can demand partition. An unmarried, widow or deserted woman has
right to stay in that house
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