On parents demise brothers and sisters have one fifth share in property 

2) sisters can file partition suit for division of property by metes and bounds 

3) court can set aside sale of property by brothers 

4) don’t buy land from  3rd party 

Well on the basis of scant information provided in the query no proper advice on outcome of the Appeal pending in High Court can be given. 

A daughter has equal rights in the self acquired property of father.

Now if father has left ancestral property and he has died before 2005 then daughters have no right of share therein. 

Now the daughters have equal rights with sons in the property of mother in which date of death of mother or nature of property like ancestral or self acquired has no role to play. 

So the final decision of the Appeal would be subject to the factors as described above. 

Here, Sister will get share in the partition or cost depending upon the defend procedure in the high court. If the land is in same status or equivalent like 2004 as it is. If the land status is changed hereafter than the cost will refferred by the court or equivalent cost. 

Hello, 

Sir please share the documents with an advocate in order to enable him to give you some concrete advise. 

No concrete advise with regards to viability in purchasing the land can be told to you without going through the relevant documents. 

Regards 

This is a disputed proeprty.

The daughters are also entitled to a rightful share out of their parents property.

Therefore the claim made by the daughter seeking partition and their respective share in the property is valid and maintainable.

Hence until the dispute is not disposed, you may not venture into this purchase.

the first or second or third party are not the authority of law, if the court passes an order everyone has to obey the orders of the court.

1. Firstly check their is stay on the property or not .

2. Secondly legally in absence of any will daughters has right in self acquired property of parents. The court may accordingly decide same.

Party 3 is safe .

1. If the property was ancestral property of father, then the daughter will not get any share in it as the father had died in 1997 (before the 2005 amendment in Hindu Succession Act law which gives daughters a right even in the ancestral property) To understand if the property was ancestral you would need to look into the title deeds and historical records of the property and would need an advocate's assistance.

2. If the property was self acquired property of parent(s) the daughters are entitled to an equal share in the property and the outcome of the case can be in favour of the daughter. However, since the property has exchanged many hands, the chances of court interfering with the possession of 3rd party are less. Specially if the third party can prove that he/she purchased the property bona fidely and upon paying money without being aware of such circumstances.

3. Nevertheless, since the dispute is pending, it's advisable not to buy it till pendency of dispute. If you do so, you will be bound by the outcome of the case and cannot at later stage take the defence of being a bona fide purchaser (which is available to the 3rd party now).

Hope this answer helps.

Best wishes.   

- As per law, now a daughter whether married or unmarried is having equal share in the Ancestral property i.e.  an equal share in such a property accrues by birth itself. Before 2005, only sons had a share in such property. 

- Further , the Supreme Court has recently said that a daughter's right to ancestral property does not arise if the father died before the amendment of Hindu law that came into force in 2005.

- In other words, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings.

- Since, the parent died in 1997 without leaving leaving any document , hence their property would be devolved upon the three sons only and not daughters , as per the judgement as i mentioned above. 

- Hence, my expectation is the appeal filed by the daughter is not maintainable and you can buy the land from party 3, however you should wait for the final outcome of the High court. 

- However, if the property was a self acquired property i.e purchased from their own fund , then the daughters can claim right over the property left by parent in the absence of any WILL etc. 

As per Law you all have equal share on the property of your parents. 

Without complete facts and order of District Court I would not be able to guide you.

Each case stands on its own merits based on the facts and provisions of law and the religion of parties as well.

It will depend on the orders of the court on merits on the partition suit 

kindly provide the details whether it is a self acquired property or ancestral property. 

1. Both sisters had a 1/5th share each in the property.

2. It is not clear from your query whether the district court had held that suit was within or outside limitation.

3. The plea of being a bona fide subsequent purchaser must have been taken by Party 3 which is currently in possession of the property.

4. Unless the pleadings and judgment of District Court are perused no opinion can be formulated on merits.

Don`t purchase it till final outcome dose not come. What order passed by DC to dismiss case ? Have to party 1 and 2 declared bonafide purchaser of land ? What was the order of DC ?

Partition suit duly filed by sisters and within limitation and they 1/5th share each. Only if sisters were part of sale in any manner or received share in sale amount than only purchase of property is secure.

Chances that sisters will win the case are very rare because The claim of sisters are barred by limitation.