Can we construct a residential house on land in late mother's name?

Situation : Late mother (Hindu, d. 2013) has three surviving legal heirs - father (widower husband), elder brother (her unmarried son), and self (her unmarried son), all Hindu. There's a piece of non-agricultural land registered in her name. Legal heir document is available. 1. Can we construct a residential house on it? 2. Is transfer of title of property (mutation) mandatory before initiating construction? 3. Who needs to apply for building plan approval before the civic authority among us three? 4. In whose name Electricity, Water etc. connections need to be applied? 5. House once constructed, in whose name will it be, who'll be its owner? (ghar kiske naam par hoga, ghar ka maalik kaun hoga)
Related Topics : Property Law
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Advocate Justice Kishan Dutt Kalaskar

No.74, 1st Floor, 6th Cross, Malleswaram, Bengaluru, Bangalore 
For More Details Contact On +91 7769012300.
A:

Dear Sir,

The Land of deceased mother will be devolved as per the following rule of law.

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Section 15 in The Hindu Succession Act, 1956

15. General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

 

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