Hindu Succession Act, 1956
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.