Legal Question in Real Estate Law in India

My question

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...........................

Answered by Sanjay Kalra

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."

1.I have a doubt, how come ancestral property which is in my husband's name, be a self acquired property??

2.During a divorce can't my minor child acquire a share in her father's property, isn't that my child's right?

3. This particular property, my husband got it from his father, his father got it from his father (my hus fatheris still alive and my hus can enjoy the full rightsof the property only after his death), my minor child id the fourth generation, so isn't an ancestral property?

4. During a divorce ,will the child has the right to the property owned by her father (even if its ancestral)

2 Answers from Attorneys

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