1. Well on death of your brother his property devolves upon his legal heir which include his widow and children, if any. So if there is any child born out of his marriage your sister in law along with the child with the permission of court can gift this to you . If your SIL alone inherited the property then she can gift this to you without permission of court.

2. Since there is minor she can gift this only with the permission of court . The court can grant the permission of your SIL deposits the money from its transfer in name of the child.

3. Better make a mutual deed of partition 

Dear Sir,

You can go ahead with the gift deed only to the extent of 1/3 such property. As on the death of your brother it has to be divided among three persons that your sister in law and her two children as per following rule of law.

Section 8 of Hindu Schedule Act the wife is entitled as follows: 

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General rules of succession in the case of males.―The property of a male Hindu dying intestate

shall devolve according to the provisions of this Chapter:―

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

1. Whether your brother died intestate (without executing a WILL) or had executed a WILL?.

2.  Assuming that your brother died intestate, then upon his death, the property would devolve equally to your mother, your sister-in-law and your deceased brother's 2 children. In other words each one of them is entitled to 1/4th share in the property.

3. Since minors' right is involved in the property, court permission is necessary for gifting the property to you.

1. Your sister in law as well as your mother, both of who are the class I legal heirs of your deceased brother including children, if any, born to them, can transfer this property to your name by executing a joint registered gift deed.

2. If there are minor children then she cannot execute the joint gift deed on behalf of the children also without obtaining permission from a court of law.

Wherever there is an involvement of minor interest in the property, it is essential to obtain permission from a court of law to alienate the property.

3. Law on transfer of  immovable;e property do not recognise any such mutually agreed condition until it is by a registered document.

If you want to proceed legally on this you may have to follow the procedures as mentioned aforesaid.

1. Sister in law and mother and two children  are legal heirs of brother(if no will). 

2. For children permission from court is required to transfer the said property to you,

3. At this stage with minor kids share gift cannot be made without permission of district court,

4. See to transfer property now before kids get major either permission is obtained from court showing mother is transferring the said property to them and you get this property for family settlement . 

1. Yes. 

2. If there is minor involvement then you need courts order under guardian and wards Act

3. Courts permission is needed in case of minors

1.  Property belonging to Brother (after his demise) now solely & legally belongs to Brother's Wife (widow) and brother's children, equal proportions.

2.  IF the childrens are minor, THEN Sister-in-Law (SIL) has no legal right to Sell /Transfer /Gift /Mortgage /Donate /whatever .... any property share of the minor children .... FOR this SIL will have to take permission from the local civil court relating to Minor's share of their property, without which the minor children (when becomes Major) can claim the gifted property.

on demise of your brother his legal heirs class1 i.e his Wife , sons,daughter and your mother is legal heir. 

if there is no children's then they can transfer said property through gift deed. 

if your sister in law having minor children's then  court permission required for gift deed 

1. yes she can

2. yes she can gift the same to you, there is no legal impediment 

3. In the gift deed itself you may mention such clause. 

Regards 

1) on brother demise your sister in law, 2 minor children , your mother would be legal heirs to vacant land 

2) your sister in law cannot execute gift deed for entire land in your favour 

3) on minors attaining majority they can file suit to set aside gift deed 

pls tell Whether your brother died intestate or had executed any will?

Assuming that your brother died intestate (without any will), then upon his death, the property would devolve equally among the legal heirs, i.e your mother, your sister-in-law and 2 children. each one will get 1/4th share in the property.

as minors' share is in the property, you have to take the Court's permission before the gift.

approaching the Court in this regard will be beneficial for you as well and will remove any future complications for you too.

the Court process will take around 1 year 

1. Your sister in law cannot execute a gift deed in your favour until and unless, she gets a letter of administration from the court.

2. As the property in question is also co-owned by minors, permission of the code would be required in order to execute such a gift deed.

3. No, as rights of minors are also involved, it cannot be done.

IF she have no child than she can gift the property to you.

1/3rd share each, she can gift it but children on becoming major, can revoked gift of their share.

Dear Client 

You sister in law can make the gift deed in your favor any time she wants to and there would not be any legal complications in this deed.

But if you want to be on safe side then your mother can gift you the rented property and after that you both can make exchange deed of your properties with each other to avoid confusions in future.

1. As per the information mentioned in the present query, makes it clear that your mother gifted the property to your brother who is no more now.
2. The fact that property came to your brother through your mother which makes the property as self acquired for your brother.
3. It means that minor doesn’t have any right in it as of inheritance law.
4. But, yes if children were born at the time of your brother demise and no Will was executed by your brother then children also have partial right in it along with your sister in law.
5. So, yes she can gift the property as whole of children were not born, but otherwise she can only execute gift deed for her portion and if she gives all then share of the children will have to encash by you in their account till the time they attain the age of majority.