During divorce: can Hindu wife claim on husbands ancestral property?
My sister is going through divorce for last 2 years and here are the details:-
- Hindu Marriage, in 2010.
- Have a son 5 years old, in my sister’s/Priyanks’s custody.
- Getting maintenance for son = Rs. 11,000/month.
- Husband showing un-employed intentionally and not ready to increase the maintenance.
- Showing unemployed.
- Husband already transferred his Goa plot in his mother’s name, when he realized 3 years ago that they may end up in divorce.
- All the property is their parent’s property, except the ancestral land where they live in Goa. (On ancestral land, husbands parents built the house, so can we claim that also as ancestral property?)
QUESTION: Husband is not ready for One time Allimony, so to teach him a lesson, my sister’s lawyer said that she can claim her share and her sons share from their ancestral property. Is that true? Lawyer said that my sister can put INJUNCTION on all of their property, so they cant sell it until the divorce is finalized, and then only they will agree for MCD, wife’s share in husbands property (as per Marriage Amendment Bill- 2013) and one-time alimony.
Is my sisters Lawyer guiding her rightly? Please help.
Thank you, Priyanka’s concerned Brother.