It's better to inherit property first on all legal heirs name i.e. spouse, children and parents. Later on or meanwhile start process of selling.

Whether it's self earned property or inherited property of your husband?

Whether WILL is created and probate in the United States?

1. Based on the foreign probate, death certificate of your deceased husband, property documents, Khatha/Patta, latest Tax Paid Certificate, etc.., you have to submit the same to the jurisdictional Corporation/Municipality for mutating your name, instead of his name, in the revenue records.

2. After your name is mutated in the revenue records, you can sell the property to any prospective buyer.

Probate granted abroad would be only in respect of property situated abroad 

2) it is not applicable in respect of properties situated in India 

3) if any will has been executed for properties in India apply for probate of will 

4) if no will executed apply for and obtain letters of administration from HC or district court where properties are situated 

Any order, decree or probate granted by foreign Court of competent jurisdiction is valid and enforceable India without any further proceedings if such order, decree or probate satisfies the  conditions laid down under Section 13. There is presumption under Section 14 of that such order, decree or probate is validly passed.  

You need to have the following documents;

The original Will,

Certified copy of the court order granting probate of Will,

Legal heirship certificate

The original documents of the property

Your identity card

Death certificate of the property owner

NOC,

Any other legal requirements that may be insisted by the local authorities are the time of registration of sale deed.

A foreign judgment would not be conclusive if it refuses to recognise the applicable law of India or is in breach of any law in force in India". A number of courts in India have refused the grant of Ancillary Probate or the grant of Letters of Administration, relying upon this cardinal rule.

From an Indian legal perspective, a Foreign Will is one executed outside the territorial jurisdiction of India. An NRI, PIO or Foreigner owning assets in India is not mandatorily required to prepare an Indian Will for a valid bequeath of assets in India, there being no bar as to the nationality or origin of the testator or the beneficiary.

For a Foreign Will to be enforced in India, apart from being executed as per the laws of such country, it has to be validated on a two-fold basis. In the first stage, a Probate has to be obtained from the concerned Court or authority in the Foreign country; such order granting a Probate must contain the following observations by the concerned Court or authority:

• That the Testator has validly signed the Will and that there are no doubts/ suspicions/ uncertainties as to the signature of the Testator on the Will.
• That the Will is executed by a person competent to make the Will and is free from fraud, coercion and undue influence;
• That the Will was attested by two witnesses, each of whom has seen the Testator sign the Will;

OR

If the Will was signed in the absence of witnesses, each of the witnesses has received from the Testator, a personal acknowledgment of the Testator’s signature;

• that at least one witness has signed the Will in the presence of the Testator;
• that the original Will has been submitted and has been retained by the Court or authority in the Foreign country and a Certified Copy thereof is to be issued to the applicant/ beneficiary.

The authenticated/ probated copy of the Will and Final Order obtained from the Foreign Court is required to be apostilled and an Apostille Certificate is required to be obtained from a competent authority under the Apostille Convention (Hague Treaty Convention 12). India is also a signatory to this Convention.

With reference to wills executed outside India, in respect of which a foreign probate has also been obtained, the requirement of Section 213(1) of the Act would be satisfied by obtaining under Section 228(1) of the Act an ancillary probate. Otherwise, the procedural requirement of the lex fori enacted under Section 213(1) of the Act may not be satisfied and if it is only with a view to enabling parties claiming under a will executed outside India to make claims with reference to properties situated in India, the procedure under Section 228 of the Act has been prescribed.

If this is not so, then as the probate obtained in respect of a will executed in a foreign country would be operative only within that country, persons entitled to other properties under the will, which are situated outside the country where the will was executed and the probate also was obtained, would be left without any means to assert their rights there to it must also be remembered that Section 228 of the Act is really in the nature of an enabling provision and when read with Section 270 of the Act, permits the obtaining of an ancillary probate. Section 270 of the Act is enacted on the principle that the presence of personal property of the deceased would be sufficient foundation of jurisdiction for purposes of granting probate.

Section 228 of the Indian Succession Act, 1925 provides the following:

When a will has been proved and deposited in a Court of competent jurisdiction situated beyond the limits of the State, whether within or beyond the limits of India, and a properly authenticated copy of the will is produced, letters of administration may be granted with a copy of such copy annexed

On the probated Foreign Will, an Application for grant of Letters of Administration can also be filed by the Executor or by the Beneficiaries [if no Executor is named in the Will]. Such Letters of Administration are granted under Section 228 of the Indian Succession Act, 1925, granting the administrative rights for the property/ assets to the Executor/ Beneficiary.

A foreign judgement would not be conclusive if it refuses to recognise the applicable law of India or is in breach of any law in force in India". A number of courts in India have refused the grant of Ancillary Probate or the grant of Letters of Administration, relying upon this cardinal rule.

Wills made in other jurisdictions are not automatically enforceable in India. Under the Act, an ancillary probate can be granted to authenticate a foreign will. A foreign will, once proved and deposited in a court of competent jurisdiction, or a properly authenticated copy of the will and letters of administration will be recognised by the Indian Courts. Otherwise, if the Court deems fit then it will take the evidence into account and will examine the petitioner upon oath to ensure the veracity of the will.

Note :

Only foreign property would be eligible for probate when issued abroad. If someone wants to benefit from India, they should abide by Indian law. Practically; after the death of your husband, his legal heirs become absolute owners of the property . Sell the property with the consent of all legal heirs OR go to court and spend time; follow the above procedure.

- As per law, A declares the testator’s wishes regarding the distribution of his assets and possessions after his demise; hence it should be made by the testator in sound disposing mind and without any coercion or undue influence from any person and in the presence of two witnesses.

- Further, a foreign Will is a Will which is executed outside India, by an NRI, PIO or a foreigner with respect to his/her properties situated in India, hence any NRI, PIO, or a foreigner possessing estates in India is not mandatorily required to create an Indian Will for his Indian assets and can have a foreign Will for all his assets including the ones in India.

- Hence, a foreign executed Will can be validated in India after adopting the following steps:-

1. The Will should be probated from the foreign country where is was executed

2. The probated copy of the Will along with the Final Order obtained from the Foreign Court should be necessarily apostilled from the appropriate authorities.

3. After receiving the apostilled copy of the Probated Will, an application for grant of an Ancillary Probate is required to be filed before the court of competent jurisdiction in India.

- This application must be submitted along with the authenticated copy of the Will and the Final Order obtained from the Foreign Court, and this application for grant of Ancillary Probate in India must be applied within 03 years from the grant of a Probate by the Foreign Court.

- Since, the said Will is already probated from US court , then you should move an application before the Court in India as I mentioned above. 

Dear client,  Under the Act, an ancillary probate can be granted to authenticate a foreign will. A foreign will, once proved and deposited in a court of competent jurisdiction, or a properly authenticated copy of the will and letters of administration will be recognised by the Indian Courts

you will have to apply for a Letters of Administration from the Indian jurisdictional court on basis of the probate granted to you by the USA Court 

the application has to be filed u/s 228 of the Indian Succession Act. This application has to be filed with the Court which has the jurisdiction over the place where the property of the deceased is situate 

yes he can sell the same