NARASHIMAHA MURTHY vs SMT. SUSHEELABAI & ORS.

The Supreme Court addressed the issue of partibility of a dwelling house under Section 23 of the Hindu Succession Act, 1956, in the context of a male intestate leaving behind both male and female heirs. The Court held that the dwelling house is not partible until the male heirs choose to partition it, thereby affirming the right of female heirs to reside in the house. The judgment reconciled conflicting interpretations among various High Courts, emphasizing that the law aims to prevent injustice and uphold equity.