The property is jointly owned by father and the son.

Now the father is reported to have died intestate.

Hence the share of the deceased father shall devolve on all his legal heirs including the joint owner of the property, therefore the wife and the other children of the deceased have to execute a registered release deed relinquishing their rights in the property or they may have to execute the registered sale deed in favor of the prospective buyer jointly. 

You may obtain a legal heirship certificate and ask all the legal heirs to execute the sale deed in your favor, jointly.

Ask first all legal heirs names registered on the property card of the flat and than you can purchase flat from them.

Mother and other son should execute gift deed for their share of proeprty in name of brother 

2) gift deed should be duly stamped and registered 

3) father 50 per cent share should be transferred in seller name in society records 

4) obtain society NOC for sale of flat 

Since father was half share holder of the property his half share devolves upon his widow and all children. 

Therefore all his legal heirs have share in the property. 

In such context unless they join in the sale deed as seller or relinquish their shares by gift or release deed any one can not sell the property unilaterally. 

Property is in the joint name of deceased  father and son. Even if the share of son is purchase from self acquired funds, the legal heir can claim in the part of share of deceased  father as the same is after death is ancestral property. It is necessary to obtain consent of mother and brother. First the property ahs to mutated in your name and for that purpose also consent of mother and brother is necessary.

the son can sell only his 50% undivided share plus the share which he inherited from his late father's 50% share

the son has got no power or title to sell the balance share which will go to the other legal heirs of the late father

the son's title is therefore defective as regards that share which is NOT his own 50% share plus the share inherited by him from his father

- Since the said flat registered in the names of father and son , then they have equal right over the same.

- Further , after the death of father , his 50% share in the property would be devolved upon all the legal heirs equally i.e. wife if alive & other sibling. 

- Yes, for selling the said flat , the consent of them are mandatory ,as they have right to claim over half share of the property . 

Dear sir/ma'am,

As per Hindu Law, the property of the father will be inherited by the wife and other son. The son who is the joint owner of the property has ownership only over a part of that property depending upon his share in it. You can make an agreement with him to purchase only that share.

For you to legally own the entire property it is necessary that the legal heirs make a relinquishment deed. By this they can transfer the property to the joint owner/son and then you can legally make the purchase from him. This would be an easier mode of execution. Thank you.