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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?

Getting divorce in USA
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5 answers
Divorce
Posted on 28-Aug-17
U
Unknown User
Answered on 28-Aug-17
usa court can order it but in Indian court that order does not having any value in that regard
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Advocate Raja
Answered on 27-Oct-17
Hi Any overseas divorce decree is generally invalid unless and until the parties subject themselves voluntarily to the overseas court. Also an order of overseas court can be enforced if and only if both the parties agree to include all of their properties across the world in their divorce suit . if the parties do not agree voluntarily then the usa courts cannot enforce separation of properties outside of usa. .
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Advocate Satish
Answered on 28-Aug-17
Yes, USA court can order it if you both agree to it. Later on if anyone of you challenge it in India, then it can be challenged if there is no settlement or meeting of minds between the spouses. It goes by everything is fine until it is challenged.
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Advocate Rajaganapathy
Answered on 28-Aug-17
Hi, First of all if the parties submit themselves to the jurisdiction of foreign court, then it cannot be challenged in India. The foreign court has to respect the law of the land in which the property is located and the statutory provisions and natural justice has to be adhered to.
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Advocate Mohd
Answered on 13-Mar-18
if both parties agrees for this settelment then no need any court direction.but issue raises when one party deny it then you must file a case where property is situated.
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