First mutation of property has to be done in name of legal heirs 

both should sign sale deed as vendors 

No, son will also act as seller and not witness.

Deceased parents are alive ? If yes than they also have share. Ask the seller to provide legal heir certificate.

While two-thirds share of the property devolves equally among legal heirs, one-third can be bequeathed as per his own wish.

A wife without any children is entitled to receive one-fourth the share of property of her deceased husband, but those withchildren are entitled to one-eighth the share of the husband's property.

1. The son has to sign the sale deed as seller not as confirming party.

2. Ask for a legal heir certificate from sellers.

1.  The property shall be divided as per the alive legal heirs of the deceased. The wife has 1/8 share in property.

1/8 of the share of husband property will go to wife. And rest will be divided amoung his mother, children daughters will get half of sons

Depends upon how many legal heirs are remaining behind left for immovable and movable property.

normal the sharing ratio for mother will get 1/8th , son and daughter will get 1/2, and parents of your father will get 1/6th.

 - Under the Muslim law, distribution of property can be made in two ways – per capita or per strip distribution, whereas per capita distribution method is used in Sunni law and Strip is used by Shia. 

- As per this method , the property is equally distributed among legal heirs. 

-  Further , there is no distinction between the right of men and women , each has right over the said property. 

- However , a female will get half of the male share . 

- Further , out of 100% share , share of mother will be 12.5%. and the remaining 87.5% will be distributed between sons and daughters. 

- Since the owner of the property has died intestate , hence now the property would be devolved upon his wife and son . 

- For purchasing the said property , the wife and son both should signed the sale deed before the registrar, and mere son is a witness is not enough . 

- Otherwise, the son can left his share in the property in favour of his mother after executing a Release/relinquishment Deed , and after that the mother will have full right to transfer the property in your favour. 

On death of the owner all his legal heirs I.e. wife, son, daughter have share in the property. 

Hence in the sale deed all of them will have to join as Vendors. 

Putting signature as witnesses doesn't fulfil this condition. 

I wonder who has given you this weird idea. 

A. Execution of Sale Deed must be done from wife and son as joint ownership.

B. Instead of Consenting witness son shall be made as second vendor in the sale deed. This is perfect process.

Hi

1) Under Muslim Law, the wife gets one- eighth of the share of her husband’s property and son gets the remainder.

2) Please check whether the mother of the deceased is alive as under Islam, she is also also a legal heir. 

Hope this information is useful.

A power of attorney should be executed by the Son in favor of his mother and then sale deed should be executed. otherwise, the son may create problems in the future and can claim the property. being a witness in the sale Deed cannot relinquish his right over the property. 

Feel Free to Call 

1. You can purchase such property of deceased person, PROVIDED "ALL" the legal heirs sign on the "registered" Sale Deed as "Consenting & Confirming parties"  (and not as consenting witnesses).  You as buyer party will also need to take a irrevocable indemnity bond from wife & son of deceased person. This will be sufficient for all futuristic purposes and will avoid any legal disputes in future.

Rules Rules of inheritance

https://districts.ecourts.gov.in/sites/default/files/jcj%20palakondawrkshp1.pdf

Rights of females: Muslim does not create any distinction between the rights of men and women. On the death of their ancestor, nothing can prevent both girl and boy child to become the legal heirs of inheritable property. However, it is generally found that the quantum of the share of a female heir is half of that of the male heirs.

The wife gets one-eighth of the share if there are children and one-fourth of the share if there are no children. In case the husband has more than one wife, the one-eighth share is divided equally among them. Governing Inheritance of Property under Muslim Law

Under the Indian legislative scheme, the rules that govern inheritance under the Muslim law depend on the kind of property involved. In cases of Non testamentary succcession, the Muslim Personal Law (Shariat) Application Act, 1937 gets applied. On the other hand, in case of a person who dies testate i.e. one who has created his will before death, the inheritance is governed under the relevant Muslim Shariat Law as applicable to the Shias and the Sunnis. In cases where the subject matter of property is an immovable property which is situated in the state of West Bengal or comes within the jurisdiction of Madras or Bombay High Court, the Muslims shall be bound by the Indian Succession Act, 1925. This exception is only for the purposes of testamentary succession.

It is noteworthy that the Muslim law does not make any strict distinction between any two or more type of properties such as movable and immovable, corporeal and incorporeal etc. Since there is no such distinction between different kinds of properties, therefore, on the event of death of a person, every such property which was within the ambit of ownership of the deceased person shall become a subject matter of inheritance. The amount of property that shall become the subject matter of inheritance and is made available to the legal heirs to inherit shall be determined after making certain appropriations. Such appropriations may include expenses paid in lieu of funeral, debts, legacies, wills etc. After making all these payments, the left over property shall be termed as the inheritable property.

Principles governing rules of inheritance of joint or ancestral property

Unlike Hindu law, there is no provision of distinction between individual i.e. self acquired or ancestral property. Each and every property that remains within the ownership of an individual can be inherited by his successors. Whenever a Muslim dies, all his property whether acquired by him during his lifetime or inherited from his ancestors can be inherited by his legal heirs. Subsequently, on the death of every such legal heir, his inherited property plus the property acquired by him during his lifetime shall be transferred to his heirs.

Birth right

The principle of Hindu law of inheritance of Janmaswatvad does not find place in the Muslim law of inheritance. The question of inheritance of property in Muslim law comes only after the death of a person. Any child born into a Muslim family does not get his right to property on his birth. In fact no such person holds becomes a legal heir and therefore holds no right till the time of death of the ancestor. If an heir lives even after the death of the ancestor, he becomes a legal heir and is therefore entitled to a share in property. However, if the apparent heir does not survive his ancestor, then no such right of inheritance or share in the property shall exist.

If the owner is reported to have died intestate then  the properties shall devolve on all his legal heirs in whatever proportion they are entitled as per the personal law of inheritance.

Before that you first ascertain the actual legal heirs by asking the vendors to produce the legal heirship certificate issued by the revenue department.

Once the legal heirship certificate and also other documents are produced and found to be satisfactory, then obtain a proper legal opinion from a local lawyer.

If the legal opinion recommends you to proceed with the purchase then make sure that all the legal heirs are executing the registered sale deed jointly in your favor.

No question of any legal heir acting as a consenting witness, they  are required to execute the registered sale deed jointly along with other cosharers in favor of the purchaser.

AS per Shariat law (Muslim personal law of inheritance);

a bare perusal of the law shows that a wife should receive 1/8th of the property of her husband on his death if they have children. In case there are no children borne out of marriage, she is entitled to 1/4th of the property. A daughter will receive half of the share of a son. In stark contrast, the men receive 1/4th of the property of his wife on her death if they have children. In case there are no children borne out of the marriage, he is entitled to half the property. A son receives double the share of the daughter.

Thus the wife of the deceased is entitled to 1/8th share in the property as per law.

Share is given to son.

Go agead as this is ok

both heirs should sign on sale deed. 

a widow gets the one-eighth share (in case there are children) but will get one-fourth share (if there are no children). . 

Dear Sir,

It will be better that that wife and son both be the vendor/seller because as per muslim law the share of wife will not be full as understood in Hindu law.

Yes your reasoning is correct.

It is legally required to have Legal Heir Certificate obtained by Wife & Son of deceased, more particularly, when you are dealing with Muslim Property.

Both Mother and Son has to be made parties to the Sale Deed.

As per Sharia, Wife of deceased gets 1/8th share and son gets the balance.

Son should not be just the consenting witness but he should also sign the sale deed as a joint vendor unless he executes a GPA in favour of his mother to authorise her to sign the sale deed for and on his behalf.

As oer the Muslim law the property shares are defined and mother and children get shares as per the sharia law. All have to sign on the sale deed not as witnesses.

The husband's property is divided as per the sharia law and mother daughter and son have different shares. Therefore consent of all is required.

No, both wife and son will be joint owner of property as they are legal heirs of deceased owner.