Can Hindu wife claim share in husband's share of ancestral property?

Divorce case is filed by husband and is pending but wife wants to file a suit to get share of the husband's share in his ancestral property. Can such suit be filed?

2 Answers
Only verified advocates can give an answer Sign In
A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 30 Oct 2024

Yes, the wife can file a suit for her share in the husband’s ancestral property, even if a divorce case is pending. Under Hindu law, a wife has the right to claim a share in her husband's ancestral property, as it is considered joint family property. This right exists independently of the divorce proceedings. The wife should file a separate suit, specifically for partition of the ancestral property. It's advisable to consult a lawyer to ensure that the suit is properly drafted.

Admin
Advocate By LEAD INDIA Answered: 06 Aug 2024

Yes, wife can file a suit to claim her share of her husband’s ancestral property, even if divorce case is pending. The wife is needed to file a separate suit in civil court where the property is located within the appropriate jurisdiction. For further legal assistance contact us on our helpline number.

24x7 Help

If we fall short of your expectation in any way, let us know

Payment Trust

All refunds come with no questions asked guarantee

Talk to Lawyer

Talk Now