1. 50% house belongs to you (wife)

2. 50% house belongs to Husband (presumably who died without executing any WILL)

3. You and your son are legal heirs of Husband. Hence Wife has rights of 25% of Husbands Share AND Son has has rights of 25% of his Father's Share.

4. 25% of Son who is minor CANNOT be sold without obtaining Court permission. Hence obtain Court permission.

5.  HOWEVER IF you have WILL of Husband wherein Husband has willed his 50% to you, THEN you can sell the property without any court permission or whatever.

See on demise of husband without will his share shall devolve to his legal heirs that is you his son and mother if alive.

So first the name of legal heirs need to be there in record and then all the leg heirs have to sign the sale deed to sale same.

For kid you need to obtain permission from district court to sale his share.

Joint ownership becomes two types.

Joint tenancy where on death of one joint owner the ownership passes to the other joint owner. 

In above case you can sell the property at your wish.

If it is in form of tenent in common your husband's share will pass on to his legal heirs including you. In such case your son being minor you need to take permission from court to sell his share.

You can mutuate the house in your name by producing death certificate before sub registrar then you can sell the same

1) on husband demise his 50 per cent share in house would devolve on your mother in law ,you and your son 

2) apply for mutation of house in name of legal heirs 

3) enclose husband death certificate , latest receipt of payment of property taxes 

4)if no objections are received mutation would be done in favour of legal heirs 

5) you need court permission to sell minor share in property 

Legal fees vary depend  upon lawyer engaged by you 

On husband intestate demise, his share inherited in you and child equally. And to sell minor share, permission of court is compulsory.

Even without permission you can sell but sale can be voidable at the instance of child on becoming major.

Sale deed will execute, 6% stamp duty payable but by buyer.

See first get a legal heir certificate update the municipal record.

The expenses shall be transfer fee and advocates fee. 

Dear Client, 

As per facts, in case of Self-acquired property, If a husband dies intestate, the wife inherits as Class I heir.  the wife has a  right to inherit the property of her husband only after his death if he dies intestate. Legal heirs of a male dying intestate and the wife is included in the Class I heirs, and she inherits equally with other legal heirs. so you can sell only 3/4 part of the property as under Hindu Succession Act, 1956,

You can me call through KAANOON for more detail. 

Dear Madam,

Yes, you can sell it.

The property is acquired by the husband but held in joint names- the entire property devolves among legal heirs including wife as per the applicable law.

the property is purchased by the wife with her earnings alone and held in joint names -the entire property belongs to wife.

the property is acquired by the husband and wife together with both having contributed towards the purchase, the property is divided as per the contributions made and then from the share of the husband, the wife will get her share as a legal heir as per applicable law.

Post demise of your husband, your minor and your mother in law(in case alive) have acquire stake in the 50% of this house belonging to your husband. 

Going by the above, since your minor son is also having a share in this house, Court's permission need to be obtained before this sale.

Yes after the death of your husband the properties transferred to your name because your child is minor you can sell the property for the benefit of minor and there is is no problem in this case you can go ahead but his name must appear in the sale agreement that the consideration is for the benefit of the child

After the Husband's death- The property of the deceased is proportionately distributed among the Widow of the deceased and his children.

For any minor property court permission is mandatory. 

you need court permission to sell minor share. 

First you have to get the property transfered on you name to sell the property without any hassle

For that you have to apply for transfer of ownership on your name by providing death certificate of your husband

Legal heir certificate from tehsildar which will be issued jointly on your child and your name. and you IDs and address proof in office of sub registrar of properties.

Share of your husband will be transferred equally on child and your name that will make you owner of 75% share and 25% will be on your child name.

And for selling his share you need permission from court to sell.

Your deceased husband's share in the proeprty shall devolve equally on all his legal heirs namely, you, your minor son and his mother, if living.

For selling your mother in law's share you may have to either obtain a power of attorney deed from her in your name or a relinquishment deed and also you may have obtain permission from court of law to sell the  minor's share in the property.

You may consult a local advocate for further procedures as per prevailing situation at your end.

You may have to obtain a registered release deed from your mother in law (if living) relinquishing her rights towards her share in the property in your favor, then apply for permission to sell minor's share in the property from the court competent, besides you may have to obtain EC, legal heirship certificate, death certificate etc. 

You will be advised about the further procedures to be followed in this regard by a local advocate as per the prevailing atmosphere.

1. As per the information mentioned in the present query, makes it clear that though the property was in the joint name but as your husband has passed away, now you need to get the property mutated on your name solely.
2. For this, you will have to do the registry of the house once again with succession certificate that who will get from the court of law.
3. Thereafter, the paper will be on your name solely with right is your children in it as he has died without leaving any Will on your name.
4. You will have to pay some amount for the stamp duty and few thousand to the drafting lawyer.