1. Yes you need to get divorce in India if the US divorce was not a mutual divorce or as per grounds as provided under Hindu marriage act same is not valid. 

2. You have no right over the property of husband in India you can only claim maintenance from him.

Hi

There are two options 

Either get the US divorce validated in Indian authorities or get divorced again in India.

If you go for filing the divorce again in India then you can make a claim in the property.

Thanks 

what were the grounds for divorce ?

2) no fault divorce is not valid in India 

3) you have no share in ex husband property

4) you can alimony from your husband .

5) file for divorce in India 

NO, since US Divorce decree not challenge by Husband in Indian, it is valid. You can claim maintenance if not remarried or living in adultery but not share in property.

1. Divorce Decree in USA, is binding in India, on both the parties, without any exceptions.

2. Divorce Petition CANNOT be filed again in India or anywhere else and neither any property of either parties can be claimed by any party, at this stage, since the same was not claimed or adjudicated during original Divorce proceedings in USA.

3. However biological Children of such parties, have irrefutable rights over their parents properties, irrespective of any criteria.

1. You have to apply afresh to get divorce under Hindu Marriage Act.

2. The divorce obtained from US Court is not recognised and not valid in India.

3. Whenever you or your spouse visit India after US Divorce, still the authorities do not recognize the US Divorce and consider both of you as husband and wife only. Problem with respect to any change of name after divorce mentioned in the passports may land you in trouble.

4.  It's advised to obtain divorce from Indian Court and then remarry, after the appeal period is over. If you remarry after US Divorce, in India it will not be recognised.

It's advisable to opt for Mutual Consent Divorce in India.

Mutual Consent Divorce.

1. Let you convince your spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

  t2..In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

 r3.The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

5. You can't claim your ex-husband's or your father-in-law's property by applying for divorce in India. However you can claim alimony from your ex-husband.

6. In case you have child/children, then your child/children will have a claim over the property of your ex-husband/ex-father-in-law.

Was the divorce in court abroad mutual consent divorce, contested divorce or ex parte divorce decree?

Yes its valid but only after validation in Indian court. If not validated it will be not effective. 

1. If you or your husband has not got the said decree of divorce passed by the foreign court validated by your local District Judge then the said decree of divorce is not considered as valid in India and you two are still considered a married couple in India as per law.

2. However, as per Indian law, wife has no claim on her husband's properties during his lifetime.

3. In case of the demise of your husband, intestate, you will become equal share of his propereties in India along with his mother (if she is still alive).

If you have taken divorce from US court than you can claim in India for alimony and divorce in Indian courts as foreign a court divorce is not valid.

If you have taken divorce from your husband in 2012 and he was present during the proceedings the divorce is final and valid and hence you cannot demand any share from his property.

it should be a mutual consent divorce if it has to be valid in India.
ex parte(uncontested divorce) of overseas courts are not valid in India.
also even in mutual consent overseas divorce decree, irretrievable break down of marriage should be one of grounds. no fault divorce decree is NOT valid.

You can claim maintenance/alimony.

Dear Madam,

As per the prevailing law in India wife will have no claim on the properties of her husband during his life time whether within her marriage or after divorce

When foreign court divorce decree will be valid or recognized or enforceable in India ?

Ans : It is a general rule that if one of the partners/ couple/party  contests divorce filed in Foreign Court  it would be said that he/she consented/ accepted  to the jurisdiction of that Court, in such a case the decree would be considered to be a conclusive or valid  one.

Where the wife consents to the grant of the relief by the foreign Court although the jurisdiction of the foreign Court is not in accordance with the provisions of the Matrimonial Law/ Private and Personal or International Laws  of the parties, to be valid and the judgment of such foreign Court to be conclusive.

How can I validate/ Enforce or Execute my foreign divorce decree in India ?

Ans: A foreign judgment can be executed in two ways in India. The ways are as follows:

First, by filing an execution under Section 44A of the Civil Procedure Code. Section  44A states that a decree passed by Courts in reciprocating territories can be executed in India as if the decree was passed by the Indian Courts only. The Court also see the judgments  passed by foreign court as per sec.13 of Civil Procedure Code .

Secondly, by filing a civil  suit upon the foreign judgment/decree. For instance, the decree does not pertain to a reciprocating territory or a superior Court of a reciprocating territory, as notified by the Central Government in the Official Gazette, the decree is not directly executable in India.

Enforcement of foreign divorce decree in India

The substantial questions of law which arise for consideration in this appeal are as to whether the foreign judgment passed by the Supreme Court in the State of New York is valid and binding on the parties and whether the said judgment dissolved the relationship of marriage between the parties.

The case made out by the plaintiff in the plaint that no other forum save and except the forum in India having jurisdiction to entertain proceedings under the Hindu Marriage Act 1955 is competent to pass a decree of divorce is not acceptable in law. That the relationship of marriage governed by the Hindu Marriage Act, 1955 can be dissloved by foreign decree of divorce has been long recognised by the Courts in India.

1. No it is not mandatory to get divorce in India If you both were residing in new york at time of divorce.

2. You cannot claim any share from property of ex husband in India as no such law give right to wife for claiming share from husband property.

  You cannot or do not have any rights in his property even if you remain married to him as a legal right at least not during his lifetime.

The divorce, if granted under the mutual consent grounds and if it is recognised as per Indian law, then you dont need to file a divorce petition once again in India, however what were you doing all these eight years after divorce in US.