Legal Question in Real Estate Law in India

Can my minor child acquire the Ancestral property of her father?

Why i have to ask is , currently we are in a dispute for divorce, i am willing to divorce my husband, but i have to make my minor child's life safe , as she should get what she deserves.
The property is in my hus name, but his father(husabnd father) is still alive, husband's father got the property from his father....so is my minor child eligible for the property?
I am sure my husdnd's family will not be happy to share the property to the child, so i nedd legal help!
Is my minor child has legal rights for the ancestral property even if its NOT IN my husband's name , I MEAN MAY BE STILL IN MY HUSBAND'S FATHER'S NAME as he is still alive!!

Please help me....as i am facing a divorce in front of me.....
I need a legal help...........................

Asked on 7/04/12, 3:17 am

3 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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Your child can get her share in the ancestral property but in your case the property is in your husbands name so therefore it is not ancestral property . So your child cannot claim any share in her fathers property as this property becomes self acquired for your husband.

Answered on 7/04/12, 3:26 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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your daughter has acquired her right in the ancestral property by birth. She has an equal right qua her father, grand father and her paternal uncle and aunts. this right in ancestral property cannot be defeated due to divorce and you may seek a stay against the property on behalf of your minor daughter. you have an option either to file a civil suit or to file a DV case restraining your husband and other family members from disposing off the ancestral property.

Answered on 7/04/12, 4:05 am

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