1. The partition was done by D in 1978. At that time, daughters were not recognised as coparcenors. Also D settled the property in that year between him and sons by a partition deed. So that is correct. No daughter's consent is needed.

2. All subsequent transfers by son are also valid

3. I'm assuming the property is an ancestral property. Daughter's right as coparcenors was recognised only on and from the year 2005. So all settlements done prior to 2005 will not be affected. Since property was already partitioned prior to 2005, you cannot now claim any share.

1. Since "D" was the owner of the self acquired property and he had absolute right, during his lifetime, to deal with the property and in the instant case, as per your narration, he along with his 3 sons partitioned the property, which is O.K., since the partition was effected in the year 1978 and "D" 's daughters cannot stake a claim now after 40 years due to limitation.

2. Whether 'D' and his wife are alive or dead is not available in your narration and assuming that they have died intestate (without executing a WILL), then 'D' s children, whether they are sons or daughters, both are entitled to equal share in 'D' s share in partitioned property.

3. There cannot be any reference to Hindu Succession Act or amendment to it, since the property in reference is 'D' s self acquired property and not his ancestral property.

4. If a registered partition deed including both sons and daughters is executed afresh, then it will become legally valid.

5. If daughters' file a case against their brothers and if the daughters win, then the brothers have to accommodate their sisters in the land by dividing the land to partition the same by metes and bounds and if your property falls within the share of daughters, then you may have to pay monetary compensation and if it is not agreed to by daughters then the other way is to swap your land with the land of their brothers.

6. It is upto you to take a decision in lieu of point number 2.

7. Get property papers vetted by a Lawyer.

There is no risk in property you can go ahead with the property.

First of all the daughter did not have any right if the father has transferred the property in his life through family settlement deed though it is not registered but valid deed drawn and can be used in the worst of condition though such condition won't arise.

Secondly the partiton happened 40 hears back it is barred by the limitation as they have not challange it for so long as multiple transitions happened after that.

You are bonefide purchaser donot worry court will protect your interest.

1) partition deed ought to have been stamped and registered

2) registration can be done within maximum period of 8 months

3)it cannot be done after so many years

4) daughter can file suit for partition to claim their share and to set aside sale deed

5) dont purchase the property

Dear Client,

Daughters always had a claim in father`s property on his intestate death and in his life time he can give his property to any of his choice through proper mode of transfer. Consent of son and daughter both have no value in transfer of self acquired property.

Partition effects between joint co owners and sons were never joint owners so transfer through partition is not valid, But limitation issue may come.

rest i m not getting.

1) Since D's daughters's consent was not taken though D has executed a partition deed but not a registered one.So I think I cannot use it as my defense and say that D has willingly distributed land to sons.As per 2005 Hindu Succession Act , I think if father creates a registered partition deed or sells his land in his lifetime ,then daughters cant claim it.

Since D purchased the property by a registered sale deed, he becomes the absolute owner of the property.

In the said situation D can transfer/sell/mortgage/gift /settle the property on his name to anyone of his choice and in any manner of his desire.

Nobody can question the authority of D, hence his daughters do not have any right for a share in the property standing on their father's name.

The amendment effected in the year 2005 do not have any impact to this situation.

Options( with respect to case filed by daughters in future)

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1) Get an registered partition deed of D .What if I do not get it ?

2) Daughters will file case against brother and if they win ..how it is going to affect me as owner of small piece of land.

3) Compensation is a way out but what if they do not agree.

1. The partition deed cannot be executed at this stage especially when the property was already sold by a registered sale deed.

2. The daughter's case is not maintainable, that is the position of law, hence there is no question of winning the case when the re is no provision to file a suit in this regard.

3. Do not offer it, let them approach court with their relief.

There is nothing adverse in this that you are deciding to drop the plan.

Since she do not have any rights in the property, you need not worry about it.

See in my humble opinion. I understand your concern the suit by daughters is barred by limitation, though it is necessary to register a deed concerning immovable property but. Partition happened 40 years back through family settlement is valid, daughters donor have right in property your a bonefide purchaser and there won't be any issue.

1. You canot get the partition deed registered at this stage, the oral partition is allowed and admissible in law.

2. Daughters do not have any right in their father's absolute property at least not during his lifetime especially under this situation.

3. The court will not partition th dwelling unit, it will call for public sale of the property.

4. No case is maintainable.

5. You better produce all the relevant papers and related documents before the local lawyer and get his opinion before buying it.

1) registered deed of partition is necessary to confer ttile to property

2) deed of confirmation can be executed by parties to partition deed and duly registered

3)daughters should agree for out o court settlement as litigation is long drawn process

4) your chances of being thrown out of apartment are bleak

5) you my face problems in selling flat if title is not clear and marketable

Dear Sir,

Limitation Act may save you. One thing you remember. Possession is 9 points in law. You will be in possession for ever.