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Claqiming share on father's property

(Querist) 18 March 2014 This query is : Resolved 
Sir,
An Indian born lady married with Indian born boy about 40 years back, settled down in the US with the US citizenship,hardly visited India,her children are also US citizen.
Can this lady claim her right on the property of her father?

IF YES:-on what ground she can claim and how can she transfer the proceedings of property to her account in the US?

IF NO :- On what ground her Indian counter part can remove her name from her claim?

















Devajyoti Barman (Expert) 18 March 2014
You have posted 2 queries on different topics.
Are you an advocate and asking question to solve your professional problem?
Rajendra K Goyal (Expert) 19 March 2014
She can claim her right in the property of her father. she should file partition suit either by visiting India or through her Power of attorney.

She can transfer the proceedings through Banking channel within FERA.

The NRIs / PIO are eligible to repatriate the sales proceeds of immoveable
property received by way of gift or inheritance. He is eligible to remit
the sale proceeds net of taxes, up to USD One million per financial year.
T. Kalaiselvan, Advocate (Expert) 20 March 2014
Mr. R.K. Goyal's opinion is appropriate, I endorse.


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