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Hi, my brother is getting divorce here in USA. His wife demanding share in his property which are located in Inida. Can USA court order to divide property which is located in India?

divorcing in India, can usa court order to share property in Inida.
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Divorce
Posted on 28-Aug-17
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Advocate Balram
Answered on 29-Aug-17
No USA Court have no territorial jurisdiction on the property situated in India. Only wife nd husband can do settlement regarding the property. But US Court can not order on property situated in India.
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Advocate CHAITANYA
Answered on 29-Aug-17
Only a decree of divorce and Order of the divorce of the USA court can be valid in India unless it is challenged on the ground of discrimination and for violating the principle of natural justice. No decree for partition of any property situated in India can be either granted or or or pronounced by the court outside of the India. Only Indian Court have jurisdiction to pass such order
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Advocate Lalit
Answered on 29-Aug-17
Yes, if both the parties submit to the jurisdiction of the concerned court in USA the properties can be divided. But mainly foreign divorce decrees do not hold much of value according to a supreme Court judgement as in most of the cases the decree is granted expartie.
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Advocate Lalit
Answered on 29-Aug-17
Yes, if both the parties submit to the jurisdiction of the concerned court in USA the properties can be divided. But mainly foreign divorce decrees do not hold much of value according to a supreme Court judgement as in most of the cases the decree is granted expartie.
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