husband and wife and kids are all USA citizens and of indian origin and marriage certificate is issued in Bangalore and all have oci cards which gives all indian rights except voting.
1) when husband is alive does wife have any rights on husband's undivided inheritance property in india, also when husband is not alive does wife have any rights in husband's undivided inheritance property in india.
2) when wife is alive does husband have any rights on wife's undivided inheritance property in india, also when wife is not alive does husband have any rights in wife's undivided inheritance property in india.
3) do grandkids who are usa citizens have rights in mom and dads undivided inheritance property in india when mom and dad are alive.
thanks
1 Answers
Hi,
Is the property an Ancestral one?
Hindu law does not grant any rights to wives in marital property, their only chance of getting anything was on an inheritance, as equal share with the sons and daughters, if the marriage was subsisting on the death of the husband.
Upon a woman's demise intestate, wherein the woman has not left behind a will, the following is the general course of law.
The first preference is given to the offspring, which also includes children of any pre-deceased son or daughter. The husband is also an equally preferred successor.
Normally therefore, whenever the father gets a property from whatever source from the grandfather or from any other source, be it separate property or not, his son should have a share in that and it will become part of the joint Hindu family of his son and grandson and other members who form joint Hindu family with him.
In the light of the above (limited) discussion, it can be observed that the son, in the capacity of a coparcener in the ancestral property, is not barred from making claim while his father is alive. But such claim shall have to be limited to his share only.
You may kindly consult a civil lawyer who is an expert in Estate planning & NRI taxation.
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