Property rights of wife and child during ongoing divorce?

You have got the facts wrong, it appears. It could be that the maintenance is awarded for the child.

As regards to partition suit,  HUF is not necessarily ancestral property. No claim lies for the son, if the property is not ancestral. No definite suggestion is possible unless the documents are seen and facts discussed. Anyhow, the ancestral property which has not been partitioned four generations and in common possession.

It appears that the Notice is for LIS PENDENS (The doctrine of lis pendens literally means “pending suit,” and lis pendens notices are the machinery whereby a party with an unrecorded or unperfected claim to real property can put third persons interested in the property on notice of the claim or interest) and not LEASE PENDING. 

If the property is not ancestral, there is no cause of action  for the partition suit, hence could be got rejected.

I would like to answer your questions one by one.  

1. If the property is undivided and is treated as ancestral property, then after partition also it will be distributed among the heirs in the family. The wife has no right to claim any share in the ancestral property nor she can claim anything on husbands self-acquired on inherited property. Therefore, your wife has no right to claim a share in the said property.  

2. Once the ancestral property is divided, it becomes the self-acquired property of every heir. Since the partition took place in your family, the property becomes your self-acquired property and therefore neither you nor your son has the right to claim share on such property. It can only be disposed of according to your will.  

3. After transferring property to your mother, she has become the legal owner of the property and it becomes her self-acquired property and your wife cannot claim it in any way.  

4. If all the family members of your family were living in a different parts of the country having a joint property in one place, such property cannot be called under Hindu United Family as the family is not staying together. Since it is not HUF, the wife cannot claim it and even if it is proved to be HUF, the wife still cannot ask for share as she is not a coparcenar.  

Regards  

Vasundhara Singh  

What is the opinion and advise of the lawyer engaged / paid by you, who is an able, competent and intelligent enough to satisfy your queries as s/he is well aware about facts and circumstances of the case ???

Why do you need second opinion and obligation of experts on this platform on the basis of limited facts posted by you, except the fact it is available FREE OF COST ??

The wife's partition suit against her husband or his relatives is not maintainable in law for any reason, because she is not entitled to any share in the proeprty as a right at least not during her husband's lifetime.

The proeprty of the deceased father of the husband is not ancestral even in the hands of his son.

It devolved on the legal heirs of the deceased person. The son or his wife are not the legal heirs of his deceased father since the husband is alive.  Hence his wife cannot claim any share in that property even on behalf of her son representing herself to be his guardian.

Neither the wife nor his son can claim the property or any share in it which was transferred by the husband to his mother's name.

The property left behind by his deceased father which subsequently devolved equally on all his own legal heirs cannot be termed as HUF property, hence her claim on that basis is not maintainable.