@Aaliya. The right to residence as provided by DV Act is different from the right to property. Right to residence means having the right to dwell in the premises without having right over the property. When you say, can she have claim over the property of her husband having 50% share of father and son, I understand that you are either asking for residence (in shared premises as mentioned in DV Act) or right over the property. The shelter that Ld. Mr. Bharat Chugh is referring to is part of maintenance that a Muslim woman can get, which means she can stay in any rented house somewhere else using that maintenance money which perhaps contains the component of house rent as well. However the said Muslim Woman (protection of rights on divorce) Act, 1986 does not provide for shared premises in the husband's household.
Coming to right over the property which cedes ownership on (some part of) property, according to the said Muslim Woman (protection of right on divorce) Act, 1986, Sec.3 (1)
(1) Notwithstanding anything contained in any other law for the time being in force, a divorced woman shall be entitled to-
(d) all the properties given to her before or at the time of or after her marriage by her relatives or friends or the husband or any relatives of the husband or his friends.
The phrase "properties given to her" means the right already ceded to her by way of gift settlement. It does not include the property that is in the name of husband and father in law whose right never ceded to the Muslim woman. Hence if the property is in the name of husband and father in law, she cannot claim that property, neither for residence nor for property rights. However in that property any moneys belonging to the Muslim woman is involved, it may be decided on merits by court.
There is a difference between rights of a Widowed Muslim woman and rights of a Divorced Muslim woman as per Muslim Law itself. As per Muslim law, a widowed Muslim woman has a right to residence for one year, whereas a divorced woman is only eligible for maintenance.
The Muslim woman (Protection of rights on divorce) 1986 did not take the "residence" issue into consideration like DV Act did.