Made For Each Other (1971)

eligibility of married women in mother’s self acquired property?

A hindu female owned self acquired property of agricultural land and a dwelling house. She expired on 18-08-1998 without making a will. She was survived by 3-sons, 2-daughters and husband. Her husband also expired on 07-05-2001. One daughter married on 05-09-1971 and the other on 22-04-1979. Till today the property has not been partitioned and the eldest son is looking after the whole property. In january 2005 two elder sons sold their part of the agricultural land of the undivided property. On 07-01-2007 all the sons and daughters met and made an agreement by signing on a stamp paper to divide the whole property of their mother equally amon all. Now each son refuses to divide the property.My questions are:-
1. Whether the sale by the sons is valid.?
2. Are the daughters eligible to have their share of the property?
3. Can the daughters approach the court for parttion of the property?

This concerns the self acquired property of a Hindu woman who died 18.08.1998 intestate without leaving any Will hence the legal heir of the property according to the Hindu Succession Act,1956 shall be all her sons, all her daughters and her husband each of them getting one share each of the property.
The husband also expired 07.05.2001 before the partition of the property could take place hence his share in the said property also goes to the surviving sons and daughters in equal proportion.
The two of the sons sold their portion in the land in the month of January,2005 without actually getting the said property partitioned amongst all the sons and daughters of the deceased Hindu woman.
Some sort of agreement was reached by the all sons and all daughters on 07.01.2007 where they all agreed to divide the remaining property of the deceased woman between them.

The two sons had already taken their share in this property in 2005 when they sold their portion of the undivided property, now these two again claiming share in the left over property, not only this they want to grab the portion of the two daughters and have the property divided amongst the three brothers only.

Firstly the agreement made on 07.01.2007 is based on fraud as the correct factual as well legal position was not told to the daughters of the deceased woman about selling of the their individual portions by two sons and that daughters of the deceased woman were equally entitled to get one share each in the said whole property irrespective of their marital status.

The two daughters are definitely eligible to have share of the whole property of the deceased woman, rather two sons who had already sold their portions in the undivided property have no right in the property. Yes the two daughters can move court for proper partition of the property and avoid any compromise with these two fraud brothers.
The agreement forced up on the two daughters in the year 2007 is void and not enforceable, this agreement itself is to be challenged in the court and two sons refused any further share in the property by the court.

Scene from “Maid For Each Other” (1971)

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