1. Mother, being Class-I legal heir, is one of the legal heirs to a deceased male person and since the son died intestate, mother is entitled to equal share on par with deceased person's wife and two children, as per the Hindu Succession Act 1956. Mother is entitled to 1/4th share, in the given circumstances.

2.  Mother is entitled for 25% share in all the movable and immovable properties located/situated in USA and India.

3.  Let the mother of the deceased send a legal notice to the daughter -in-law for her 1/4th share.

4.   In case there's no positive response, let the mother file a suit for partition and separate possession of the property by metes and bounds in the jurisdictional and competent Court.

Any property of a Hindu located abroad will be governed by the  local law of the land of property, in your case U.S. Indian Court have no jurisdiction to decide property in U.S. Mother  has right  to share in deceased son’s property with his widow but such share varies from State to State in U.S. You need to approach U.S. Court to obtain share in the  property of son.

Mother is class 1 legal her 

she can claim share in proceeds received from USA 

Yes, all the assets of your son are to be equally divided among his 2 children, wife and mother. Therefore, your wife can claim her 1/4th share and in default can file both civil and criminal case for the same.

1. 
   Legal Heir Rights – As the mother, your wife has a claim under Indian succession laws, but US laws govern US assets.
2. 
   Claim in India – If Indian properties were sold without consent, she can challenge it legally in India.
3. 
   Claim in the US – To claim a share of US assets, she must file a legal case in the US (consult a US attorney).
4. 
   Next Steps – Gather evidence of asset disposal, approach an Indian and US lawyer, and send a legal notice to your daughter-in-law.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Yes she can claim her right in the property of her son from daughter in law as per Hindu succession Act

According to Indian law, the mother of a deceased Indian employee can potentially claim a share of his terminal benefits from his wife, even if he is based in the US, as she would be considered a legal heir and could contest the claim in court if the wife tries to claim the entire amount, especially if the deceased did not explicitly nominate her as the sole beneficiary; the exact share would depend on the specific circumstances and applicable laws in the state where the case is filed. 

If the deceased employee had nominated his wife as the sole beneficiary of his terminal benefits, the mother might still be able to challenge this in court, depending on the specific circumstances and applicable laws.

If the wife refuses to share the terminal benefits with the mother, the mother would need to approach a court to seek a share based on her legal rights as a heir.

- As per law, after the demise of your son , his property and assets can be claimed by his legal heirs equally i.e. his wife , children and his mother. 

- Your wife being one of the claimant can fie case before the Court for partition of the fund and the property equally. 

Dear Client,

Since your son was an Indian citizen residing in Texas, USA, and passed away intestate (without a will), his assets are subject to Texas inheritance laws for his U.S. properties and Hindu Succession Act, 1956 for his Indian properties. Here’s how your wife, as the mother of the deceased, can claim her rightful share:

1. Can Your Wife Claim a Share in U.S. Proceeds Under Indian Law?

• 
  No, Indian courts have no jurisdiction over foreign assets, including insurance claims and employer benefits received in the USA.
  
• 
  Under Texas intestate succession laws, if there is a surviving spouse and children, the mother does not automatically inherit a share unless a legal claim is made in Texas.
  

2. Legal Options to Claim a Share in U.S. Assets

• 
  Hire a U.S.-based probate lawyer in Texas to file a legal claim on your wife’s behalf in the Texas probate court.
  
• 
  If your daughter-in-law misappropriated assets, you may initiate legal proceedings in Texas civil court for asset mismanagement.
  

3. Claiming Share in Indian Properties

• 
  Your wife is a Class I legal heir under the Hindu Succession Act and has an equal share in your son’s Indian properties along with his wife and children.
  
• 
  If your daughter-in-law has sold Indian properties without consent, you can file a civil suit for partition and wrongful sale.
  

4. Action Against Non-Disclosure of U.S. Assets in India

• 
  If she transferred U.S. assets to India without disclosing them, your wife can file a civil suit for inheritance fraudin Indian courts.
  
• 
  The burden of proof will be on you to show undisclosed asset movement to India.
  

Next Steps & Legal Support in Pune

• 
  For U.S. assets – Engage a probate attorney in Texas to file a claim in U.S. court.
  
• 
  For Indian assets – File a partition suit in India to claim your share in Indian properties.