Daughters right over HUF property which was already partitioned before 2005
I'm about to purchase a part of HUF property. This said property was purchased in 1978, but the karta died without making a will. (Please note that the karta had 9 children, 5 sons and 4 daughters)
The property was then partitioned equally by his wife, only among her 5 sons in 2001, and the said partition deed was registered.( BUT No share was given to daughters and even their consent was not received for said partition).
As per Hindu Succession Act 2005, daughters were given the right of coparcener and hence the right to share in HUF property and, as per the Supreme Court in a landmark judgement, on August 11, 2020, held that daughters will have coparcenary rights on their father’s property, even if the latter died before the Hindu Succession (Amendment) Act, 2005, became effective. Thus making the right of daughters retrospective.
But the court clarified that the conferment of equal coparcenary rights to daughters will have no effect on the partitions/dispositions and alienations concluded or taken place before December 20, 2004 and such partitions or testamentary dispositions cannot be reopened by a coparcenary daughter.
I am purchasing said HUF property from one of the 5 sons.
My question is, since the partition took place in 2001, does the 4 daughters have right over the property? (Since the daughters did not receive any share + the amendment of 2005 was retrospective)
OR
The daughters have no right because the partition already took place in 2001 ?
Please provide your valuable suggestion.