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Is mother the sole legal heir of a son died intestatel

Querist : Anonymous (Querist) 27 January 2011 This query is : Resolved 
Learned Experts sirs,I am planning to book for a flat with my Developer friend who had entered in to a Joint Venture Agreement with 4 brothers who are the owners of an amalgamated piece of land. Meantime, one brother died & Bank refused to give loan asking them to bring evidence of the ownership of the share of land held by the deceased brother. Now the brothers showed that the mother is the sole legal heir of the deceased son's share as per Hindu Succession Act & got a gift deed signed by the mother gifting that particular portion of land in the name of the living 3 brothers. My question is

(1) Is mother the sole legal heir of the deceased son when there are also 3 brothers of the same deceased person?

(2) Should the mother obtain "Letter of Administration" for the share of the land of her deceased son before gifting the same to her 3 living sons?

(3)Should the 3 brothers also obtain "Letter of Administration" for owning the share of the land of their deceased brother?

Thanks in advance in anticipation.



Devajyoti Barman (Expert) 27 January 2011
1. Yes if that brother died intestate and he was bachelor then his mother is the only class-I heir.
2.No. LoA arises only when the testator leaves a Will.
3.No
Parveen Kr. Aggarwal (Expert) 27 January 2011
1. Yes. The mother being Class I heir as specified in the Schedule appended to the Hindu Succession Act, 1956, alone inherits the property of her deceased son and the brother of the deceased do not succeed when their mother is alive.

2. No.

3. No.


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