Property undivided

The two statements in your post are contradictory. You wrote the father transferred a house . . .  You also wrote there was no prior property partition. These two statements are contradictory. You must state the facts clearly. 

In general, if there was no property partition, the new owner, father and son can partition the property, even though there was no prior partition. 

The new owner is entitled to get the share of the daughter. 

The best way of doing this is : the new owner should file a suit for partition and separate possession in an appropriate Court. He must clearly explain the sequence of events and also file the sale deed in the Court. He must also file the deed by which the father transferred, as you wrote in the first sentence. 

It is better to file a suit at the earliest to avoid further complications. 

Even though the father made a partition of the property into three divisions, sionce the property remained undivided by metes and bounds and not identifying the share of each individual, it is possible for all the  shareholders to partition the property now properly wiht proper demarcation on the basis of mutually agreed conditions resulting in an amicable partition peacefully. 

Please Section 44 of the TP Act.

44. Transfer by one co-owner.—Where one of two or more co-owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give effect to the transfer, the transferor's   right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so transferred.

Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house.

Being a dwelling house, the transferee in this case has no enforceable rights to enforce partition and seek possession.

Section 44 of Transfer of Property Act.

My understanding is as follows: 

If the property is a dwelling house, then the buyer cannot demand joint possession and joint enjoyment. In other words, he cannot enter the dwelling house and he cannot demand enjoyment of the house. 

But, the buyer can enforce partition. He is entitled to file a suit for partition and separate possession, and obtain division of his share by metes and bounds through a Court. 

He can also get his share divided by metes and bounds by an amicable settlement outside the Court, with the help of a competent lawyer. 

It is necessary to study the previous transactions. (1) Transfer made by father and (2) sale deed. 

It is especially necessary to study the transfer made by father. It must be examined whether it was drafted properly. Whether it was divided by metes and bounds. 

If there is no hope of out of Court settlement, it is better to file a suit for partition and separate possession at the earliest. Take six months to one year to study all the documents and decide. 

Kakoli B.