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Section 23 – The Hindu Succession Act, 1956

The Hindu Succession Act, 1956

 

23. Special provision respecting dwelling houses. –

 

1[23. Special provision respecting dwelling houses. —[ Rep. by the Hindu Succession (Amendment) Act, 2005 (39 of 2005), sec. 4 (w.e.f. 9-9-2005) .]]

 

Statement of Objects and Reasons [The Hindu Succession (Amendment) Act, 2005]

 

Section 23 of the Act disentitles a female heir to ask for partition in respect of a dwelling house wholly occupied by a joint family until the male heirs choose to divide their respective shares therein. It is also proposed to omit the said section so as to remove the disability on female heirs contained in that section.

 

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1. Section 23, before repeal by Act 39 of 2005, stood as under:

 

“ 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 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.”

 

 

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The Hindu Succession Act, 1956

 

 

Indian Laws – Bare Acts

 

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