Dwelling House — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. Old Section 23 of the Hindu Succession Act dealt with:

   • Marriage of daughters
   • Special provision relating to dwelling houses (correct answer)
   • Adoption
   • Guardianship

   Explanation. Section 23 contained the special provision on dwelling houses.

2. Old Section 23 applied where the dwelling house was:

   • Rented to a stranger
   • Wholly occupied by members of the family (correct answer)
   • Owned by the Government
   • Registered as a trust

   Explanation. It applied to a dwelling house wholly occupied by members of the intestate's family.

3. Under old Section 23, a female heir could not demand partition of the dwelling house until:

   • She married
   • The male heirs chose to divide their respective shares (correct answer)
   • The Court allowed
   • She turned 40

   Explanation. Her right to claim partition did not arise until male heirs chose to divide their shares.

4. Which of the following daughters had a right of residence under old Section 23?

   • A married daughter living with her husband
   • An unmarried daughter (correct answer)
   • No daughter at all
   • Only daughters over 50

   Explanation. A daughter had the right of residence only if she was unmarried, deserted or separated from her husband, or a widow.

5. Narashimha Murthy v. Susheelabai (1996) dealt with:

   • Section 23 of the Hindu Succession Act (correct answer)
   • Section 125 CrPC
   • Section 13 of the Hindu Marriage Act
   • Section 9 of the Hindu Adoptions and Maintenance Act

   Explanation. The Supreme Court explained how Section 23 of the Hindu Succession Act worked.

6. Section 23 was omitted by:

   • The Hindu Succession (Amendment) Act, 2005 (correct answer)
   • The Hindu Marriage Act, 1955
   • The Constitution (42nd Amendment)
   • The Hindu Succession Act, 1956 itself

   Explanation. The 2005 Amendment omitted Section 23.

7. After the omission of Section 23, a daughter's right to seek partition of the dwelling house is:

   • Postponed until her brothers agree
   • The same as a son's (correct answer)
   • Subject to her marital status
   • Not available

   Explanation. A daughter now has the same right as a son.

8. Old Section 23 applied to:

   • Testamentary succession
   • Intestate succession with both male and female Class I heirs (correct answer)
   • Adoption only
   • Gifts

   Explanation. It applied where a Hindu died intestate leaving both male and female Class I heirs.