1.  It's advisable to obtain divorce from an Indian Court, as US is not considered as a reciprocating country by Indian Government.

2.  If it's possible, let her convince her husband to agree for Mutual Consent Divorce, which saves time and money and all the differences can be resolved mutually such as custody of her daughter, division of assets, alimony/maintenance, etc.,  She can get alimony which inturn depends on her earning potential, educational qualification, duration of marriage, etc. Her daughter will be entitled to a share in the ancestral property.

3.  Her daughter, as a coparcener, is entitled to a share in the ancestral property, which can be resolved during your niece's divorce proceedings.

4.  Your niece can find the details of her husband's properties in India by applying for Encumbrance Certificate in the jurisdictional Sub Registrar's Office where the property is located and also from her known sources, such as through friends and relatives.

1. Your niece married is governed by Indian Law.

Further USA is more inclined towards joint custody so its better possibility to get Full custody from India.

After 9 years, court can ask daughter to choose who she is comfortable to live.

Further USA is not reciprocating country by Indian Government.

But you will continue to live in USA and not to come back to India then you can still consider USA as option.

You can give POA for case in India.

Mutual divorce will be best if he agree.

2. She is not entitled but daughter is entitled to ancestral property for sure.

Alimony depends on the ground for divorce and proving husband fault.

Daughter is always entitled for maintenance until she gets married.

3. Children at birth automatically gets entitled for share in ancestral property.

It is their right.

4. That is most tricky part.

But she should be aware of it as 22 years is long period to get family information.

She have to search papers and rely on family relatives etc.

She can file DV case to get orders that any property should not be sold without court permission. 

For properties share, you have to take divorce in India.

So overall it is better to take divorce from India if its contested.

Mutual is also easy in India.

As the child  is a US citizen the Indian government doesn't have any say in the matter. A custody case should be filed in the US district court.

Divorce can be filed in India if marriage was solemnnised in India on grounds of cruelty. A divorce petition should be filed in the family court where the marriage was solemnnised/where she currently resides ie her parent's place or where she wants.

Children don't have any share in the self acquired property of their parents but yes she has a share in the ancestral property. A sui has to be filed in India.

For maintenance an application has to be filed. And for alimony the family court will decide the matter.

She can file for divorce in USA as both parties are US citizens 

2) seek spousal support and custody of her daughter 

3) she would get alimony but has no share in ancestral property of husband 

4) if marriage has been solemnised in India she can file for divorce in India 

5) engage a detective agency to find details of husband properties in India 

1. Both being U.S. citizens, the law of divorce and custody of minor applicable is U.S. law. Laws differ from State to State. If both are willing they can go for ‘no fault’ divorce which is fast and easy process provided the State is no fault divorce State otherwise she has to file contested divorce. The law as to custody also depends on State in which they reside.
2. In all laws a wife is entitled for alimony and share in the property.
3. The law applicable to property in India will be local law that is Hindu law of succession. Daughter will be entitled half share in the ancestral property of father.
4. It can be found from website of State Government through name of owner. But all data is not yet uploaded, it may not be possible to collect data online. You will have to use/local information.

1. If both of them want divorce then they can apply for mutual divorce.  In the said petition all terms like permanent alimony and custody of child can be given. 

2. In the MCD parties decide their respective rights on their own.  Daughter has right over ancestral property. 

1. She can apply for divorce in US itself. The decree of US court will be valid in India.

2. The issue of child custody can also be adjudicated by the courts in US. Under Indian law mother ceases to be natural guardian of child after latter attains the age of 5 years. 

3. She has no share in the ancestral or self acquired property of her husband in India. Her only right is to claim maintenance if she is not earning sufficiently on her own. 

4. In the first place it is not clear on what basis you are calling the property 'ancestral'. Be that as it may, unless the  property in question has attained ancestral character in the hands of daughter, even she has no share in it.

Dear Querist

My opinion on your queries are as under: -

1. When both the parties of the marriage reside in the USA then filing the divorce case based on cruelty in the USA along with child custody will be the best option for her and the child.

2. Yes, she will be entitled to get alimony and the child will be entitled to get maintenance if the child is minor and a share in the ancestral property even the child is major or minor.

3. File a civil suit for the partition of the ancestral property before the civil court of the area where the property is situated.

4. through inspection before the sub-registrar office, you can get the same if the property's documents are registered.

in your divorce petition or before the civil court in the suit for partition, you may file an application for disclosure of his assets and their details, the parties are bound to disclose the same before the Court.

Feel Free to Call

Dear Sir/Maam,

1) As both of the parties are US citizens, the wife can file for divorce in us itself. If the husband is willing to divorce divorce by mutual consent should be sought, if he is not willing wife can file contested divorce petition in us court.

2) Wife can seek custody (They differ based on the state) and alimony.

3) In US If both spouses in a divorce action cannot come to an agreement regarding property division, a judge will have to rule on this issue using state law as a guideline. As with all aspects of divorce law, these statutes also vary from state to state. 

4) India wife has no claim to the property of the husband, if the property is ancestral in nature the child has claim to share in property, guardian can file suit for partition to secure the claim of child.

5) If wife is aware of state/area/district, then she can find details from the local registrars office. If not then she will have to find out through private investigator.

Thank you

1. It is advisable that she file the divorce cse in India, if she wants to dissolve her marriage by divorce.

If the child is under her care and custody, then she need not file any case for child custody.

2. She will be eligible for seeking monthly maintenance amount for her provided she is not employed or having any source of income to sustain her expenses, however the child is eligible for maintenance from her father.

The property that belongs to the grandfather is not an ancestral property , however if there is any ancestral property available, then the child can claim a rightful share in her father's share of the said ancestral property.

3. She should file a suit for partition claiming her share in the ancestral property.

4. She my have to find the details through her own sources, you cannot get the details from any source just like that.

1. She can file mutual divorce petition in USA , if both the parties are agreed for divorce , and thereby can decide the custody of child 

- The decree passed by the USA court on the ground of mutual divorce is valid in India .

2. She can claim alimony in the form of cash or kind or property , but she not having any right over the ancestral property of her husband during his life time. 

3. Daughter can claim right over the ancestral property 

4. She can enquire from the office of Registrar , where the property is based. 

1. Since she is a citizen of USA, it will be beneficial for her to file the divorce and child custody case in USA  since it will decided much faster.

2. The law related to alimony differs from State to State in USA. In mist of the States, 50% of the property acquired by the husband, post marriage, is awarded to the wife and maintenance is awarded after divorce for the numbers of years they passed their matrimonial life. Claim of the ancestral property of the husband is not entertained any where.

3. Ancestral property is defined differently. She can not claim her father's properties during his his lifetime. However, she can claim maintenance. The said maintenance can be claimed by her in USA also.

4. It will be a futile exercise since neither you nor your daughter will have any claim on the properties of your husband during his lifetime as per Indian law and Order passed by the USA Court in connection with his properties will not be valid in India hence unenforceable..