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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