Wife's right on mutually owned property

As she is the primary owner (who is the secondary owner?) , she can go there and stay there.  If she faces any problems, she can file a suit for possession of property, being the primary owner of the property.

Dear Mr Prabhakar,

thank you for your input,.The ex husband is the secondary(co) owner and is paying the EMI from the time she moved out,5 yrs back as he's staying there.
 He got the ex parte divorce orders two years back but she got to know only about 8 months back and tried to re-opened the case.But it took around 5 months for her to initiate this procedure,as he kept saying he'll pay for the daughter and also sell the house and share the money with her.

Finally,the verdict did not come in her favour because of the delay.Now she wants to challange this verdict and also want her share(at least 50%) in the house and maintenance for the minor daughter.She's not asking for maintenance for herself,as she's financially independant.

Also,I'd like to know if she can claim the daughter's rights on father's ancestral property,as he will try to sell it off or remarry and transfer everything in her new family's name.She does not want to remarry because she wants to give her total attention and dedication to the child.the ancestral property is situated in UP,where as the house is in Mumbai.

best regards

1.  The daughter has got a right in ancestral property of her biological father, irrespective of ex-parte divorce.  As she is minor, the mother can file a case for partition on behalf of  (in legal terms it is called "next friend") the daughter. 

2.  As the wife has got title to the 50% of the house, she can claim for possession of 50% of the house being title holder.  But it will be seen that if husband can contest the case on the ground of benami (benami prohibition Act, 1988 allows a person to purchase the property benami on behalf of wife), then it is difficult to say the outcome of the case.  Hence, my suggestion is to file an appeal for setting aside of the ex-parte divorce decree.  If it will be set aside, it is O.K.  If not, even then, you have got a right to move an application under Section 25 of HMA before the court, which passed the ex-parte divorce decree (trial court) seeking permanent alimony.  While deciding the permanent alimony, it is taken into consideration of the immovable property held by the husband,i.e., house at Bombay and the property in U.P., and the permanent alimony will be decided, irrespective of presentlly you are employed and are earning your livelihood.  As very intricate legal questions are involved in your case, nothing can be said definitely, but it appears that you would get share of the house or an amount equivalent to your share in the house.  Wish you best of luck.