Hello,

Yes they can file a suit in India and claim the share of their property here.

Regards

Elder brother wife and children can claim his share in property even after closure of probate  petition in USA in 2012 

2) they can file suit for partition for division of property by metes and bounds 

If any person dies intestate, which is without a Will, the law of natural succession will prevail.  In the eyes of law, a nominee is a trustee and he need not necessarily be a beneficiary to a Will. The nominee is merely a caretaker and the right to the property passes by Will till the beneficiary attains majority or if there is no Will.

From your query it is understand that nothing is mentioned about Indian property. So it will prevail inheritance law. If any person dies intestate, which is without a Will, the law of natural succession will prevail. According to the law of natural succession a person's property shall devolve equally on all his legal heirs

The main laws pertaining to issues related to succession and inheritance by foreigners in India are: The Foreigners' Act (provision for the government to make orders restricting or prohibiting rights of a foreign citizen) and The Foreign Exchange and Management Act (Acquisition and Transfer of Immovable Property in India). If a foreign citizen inherits from a deceased Indian citizen, then the law prescribed for the appropriate Indian religious group applies.

Yes, they can file for legal heirs certificate and get updated all mutation papers if they come to know the present property needs to inherit from deceased brother name.

Better you contact them and ask what are their future plans and work it accordingly.

Probate is only authentication of the Will by the court.

It has neither create title nor extinguish it by lapse of time.

So if the Will us genuine then they can claim the properties at any point of time and even now.

The legal heirs of your brother have right upon his share in property in India, they have right to claim his share. They can file a suit for share and partition of same before the court.

Since your brother was the cosharer of the property in India and he is reported to have died intestate insofar as the property lying in his name as cosharer, his share in the property shall always devolve upon his own legal heirs consisting his wife and children.

The probate obtained in US is for the property bequeathed by him in the Will  alone, since he did not make any arrangement for share of the property lying in India on his name, the same cannot taken away by the cosharer for any reason.

His legal heirs may take legal action for the offences of defrauding and  illegal grabbing of his share of proeprty besides filing a partition suit, hence you may always be aware of the fact that his share of property is liable to be given to his legal heirs now or anytime in the future.

Even if there is no mention of Indian Property in WILL, under intestate succession, his family will only own the property. Brother is class II heirs and have claim only if deceased  have no wife/children etc. 

1)Yes,They can file probate petition.

2) your deceased brother family can also file partition suit .

3)without your brother's family consent you cannot sell/transfer property in India.

Yes they can claim if they are legal heirs. 

1. The said probate petition was for the will which has included the US properties only.

2. The legal heirs of your elder brother who are US citizen can claim the share of the said propertyb in India provided they have the OCI card.

1. Yes they can claim his properties in India by filing another suit for probate of will or through legal heirs certificate in India. 

1. Probate is a FINAL decree and is irrefutable, for future litigations.  HOWEVER, "IF" property in India, was not in the "list of Assets" (in probate application),  THEN an amendment application can be file claiming properties in India.

1. As per the information mentioned in the present query, makes it clear that your brother’s Will was only limited to his assets in US, and the same has been taken care of by the petition there only after being closed also as you mentioned above.
2. And the property which you have been talking about is the inherited property, so even if he has not mentioned anything in the Will then also it doesn’t exclude his descendants to claim for his notional share.
3. But, yes now the question comes in the picture as to how long he or his family has not been taking interest in the property.
4. Because if it crosses the limitation period then the property would be yours only.

The property belonged to your father and hence your brother had a share in it. The will only talks of the property excluding the one in India. That only means that your brother had decided how to distribute the property mentioned in the will and that went as per his will. The properties not mentioned in the will would be distributed and divided as per the  personal law of the party, ie Hindu law. Therefore his heirs have a claim due to the law of intestate succession.