What is the law for inherited property for minor female grandchildren living overseas.?

Question

Parents are undergoing divorce in California, properties are in India and grandmother is alive.

Grandfather had died before the female grandchildren were born.

Incase of property disputes where should the case be filed, in India or California? And what if grandfather had left a will?

Answer 1

Firstly the religion of the people/family involved in this case has not been mentioned. Presuming this case relates to a Hindu Family from India & the property of the grand father was his self acquired property, this grand child born after his death, in such a case this grand child will not be getting any share in such property for the simple reason the father of this child & the grand mother are the only surviving class 1 heir of the grand father(who if died intestate i.e. without leaving any will) at the time of his death who share amongst themselves this self acquired property of the deceased grand father. Even otherwise this grand child has a living father she cannot be covered under rule 3 of section 10 of the Hindu Succession Act, 1956. Which states
Distribution of property among heirs in class 1 of the Schedule. - The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-
Rule1.- The intestate’s widow, or if there are more widow than one, all the widows together, shall take one share.
Rule 2.- The surviving sons and daughter and the mother of the intestate shall each take one share.
Rule 3.- The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4.- The distribution of the share referred to in Rule 3-
(i) among the heirs in the branch of the pre-deceased son shall be son made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his pre-deceased sons gets the same portion.
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

More so this grandchild was not even born at the time of the death of the grandfather when this property was already devolved to his surviving class 1 heir.

Answer 2

if grandfather has left a will, that is binding on all the heirs.
otherwise all heir have a equal right, male or female or living in India or abroad. ( but adults only )

Answer 3

grandchildren has automatically becomes legal heir of her grand parents's property. self earned property of parents should be acquired by filing case as maintenance. or parents themselves may write a will to their daughter.