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Section 23: Special provision respecting dwelling-houses

Hindu Succession Act • Official Statutory Text & Practice Guide

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Act 1956
Section 22 All 31 Sections The Schedule (Heirs) Section 24

Legal Commentary & Landmark Judgments: Section 23

Section 23 formerly imposed a statutory disability restricting female heirs from claiming partition of a family dwelling-house until male heirs chose to divide, but was omitted by the 2005 Amendment Act.

  • Historical Female Disability: Formerly barred female heirs from claiming partition of a dwelling-house occupied by the family until the male heirs chose to divide their respective shares.
  • Omission by Act 39 of 2005: Completely omitted from the Hindu Succession Act by Section 4 of the 2005 Amendment Act, wiping out this discriminatory gender restriction.
  • Unrestricted Right to Partition: Daughters, widows, and mothers now possess an immediate, unfettered right to sue for physical partition and sale of family dwelling-houses.
Key Landmark Precedents:
  • G. Sekar v. Geetha (2009) 6 SCC 99: The Supreme Court held that the omission of Section 23 by the 2005 Amendment Act is a procedural and substantive equalization of rights; female heirs have an absolute right to seek partition of a dwelling house in all pending and future suits.
  • Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1: Reaffirmed that the repeal of Section 23 completes the constitutional mandate of absolute gender parity in coparcenary and residential properties.
Courtroom Practice & Strategic Litigation Guidance:

If male coparceners defend a partition suit by arguing that the family home cannot be partitioned under Section 23, immediately point out that Section 23 was omitted in 2005. Daughters and female heirs have an unreserved right to partition and separate possession of dwelling houses.

Section 22 All 31 Sections The Schedule (Heirs) Section 24