Yes civil suit can be filed for the cancellation of Transfer of Property as the no objection has not been received before transferring the property

Daughter would not have share in ancestral property sold before 2005

Since the amendment came in force 2005 has only prospective effect without having any retrospective operation. the property transferred before 2003 can not claimed back now .

I need to know the complete facts and circumstances to answer this question. 

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

Daughters cannot claim share in ancestral property sold before 2005 

No, they can not claim the share anymore.

Yes, daughters are entitled to share.

My number is available in google .

Daughters cannot inherit ancestral property if property sold in 2003..

If property register before 2005 then she has not right in same.

As the right was not retrospective so in case property registered in 2003 she cannot claim right 

Depends on Succession of property, who last owned the property ? 

It's not applicable as the amendment is not retrospective in nature and the Registered partition deeds before the amendment date are outside the purview

1. The 2005 amendment is prospective and not retrospective as it came into existence on 9th September 2005.

2. Prior to 9.9.2005 a daughter was not a coparcenor, hence she had no independent share at par with son in the ancestral property. However, even prior to the coming into being of 2005 amendment she succeeded to the share of her father in the ancestral property. 

In Tamilnadu this act was amended in the year 1989, if the girl child is eligible then she can very well claim her legitimate share in the ancestral property as a right.

The daughter can claim her legitimate share in the ancestral property out of her father's share in the said property on the basis of the similar amendment to law was effected by the Tamilnadu government in the year 1989.

She can file a partition suit and claim her share in the property that had been sold in the year 2003 without seeking for cancellation of the said sale that had taken place in the year 2003.

No, there is no retrospective effect. The daughters cannot claim their shares in the ancestral property sold in 2003.

Yes it is applicable 

Rights under the amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born.

1. As per the information mentioned in the present query, makes it clear the property in question being the ancestral one, already sold prior to the amendment of 2005.
2. And as per law if the property has been divided or sold and amount equally shared between the the male members then daughter now cannot claim any right in the same.
3. And if you happen to buy the property now from the second owner who bought the property prior to 2005, then you have no need to get signature from anyone.
4. if any claim comes by anyone including the daughters then also you will not be put in question as you would be legally buying ye same form the second owner, it is their right (though there is no such arises as per law) to claim from the male members who got the amount after selling the same.