Can minor child acquire ancestral property of her father ?

Dear Susaana,

When you are proceeding for divorce, make sure you seek and secure all the rights of your child. Your daughter though is minor does have right, share and interest in the ancestral property which is her indefeasible right. In the event, if the matter comes to mutual consent, make it clear before the court that your daughter is well guarded by the quantum of money if possible to the extent of her share in the ancestral property.

If your husband does not agree to it, then your daughter being minor can file suit for declaration, partition and possession as against her father and rest of the persons whose name the property is jointly held to have her share demarcated and partitioned and possession of which shall be given to her. In the said suit, you will have to prefer application U/Order 32 of Code of Civil procedure for seeking permission to file suit on behalf of minor daughter as and in the capacity of her natural guardian/next friend.