You have make make both if them as Vendor because son is legal heirs and got the property inherited from father. so in father's share all children will be legal heirs and mother as joint owner. so get all legal heirs name a Vendor.

Has son executed gift deed or relinquishment deed for his share in property.?

2) if not first property should be mutated in name of wife  and son as legal heirs for husband share in property 

3) then they can execute sale deed in your favour 

After demise of the husband his share goes to his legal heirs who are his widow and children and mother (if alive)

The wife has 50 percent share plus the share which she gets from the 50 % share of the husband 

The balance share is with the son

So if you want a clear title then both the wife and son should be vendors in the sale deed to be executed with you

I am assuming that the husband left behind only his widow and son as his legal heirs 

1. Assuming that the husband died intestate, then the deceased husband's share in the property devolves equally to his mother ( if alive ), wife and children. In the instant case, the couple have only one son and no daughter.

2.  Hence, the Vendors are mother and son.

3.  While executing Sale Deed for the property in your favour, let the mother and the son be considered as Vendors.

Son have 25% share in the property. If he is major than will have to act as seller with mother. If below 18 years of age than court order will require to sell his share.

Mother of husband alive or not ? If alive than she also have share.

After confirming above, go ahead with purchase.

Dear Client,

After death of the husband of the woman, ownership of the property goes in the name of children and wife. Hence you have to first get the property transferred in the name of wide and his son then you may purchase the property from both the parties.

First of all you should obtain the death certificate of the decesed share holder of the property.

Then you may have to demand  the legal heirship certificate to confirm the list of  the legal heirs of the deceased. 

After that all the legal heirs have to execute the sale deed jointly in favor of the buyer.

This is procedure involved in this.

For other details and the proeprty documents, you may obtain a proper legal opiniuon from a local experienced lawyer  and proceed only if recommended.

You need to take a NOC from son

You can put him as vendor or a confirming party for better clarity

Since the husband has half share in the property on his death his half share gets devolved upon his wife and son equally. 

Therefore the son has got 1/3rd share in the property which can not be waived by his mother. 

In other words you need both of their signature as vendors and not as mere witnesses. 

Husband's share in the property shall devolve to the widowed wife and all the childrens. If his mother alive she also get one share.

For Hindus all the class 1 heirs of Hindu male get one share each of his share in the property. Class 1 heirs are the widow, all children and mother of the deceased Hindu who died intestate.

Consent from all class1 heirs required. 

Please make his son as party in the agreement for relinquishing his rights over the property in view of the sale agreement or deed executed by them in your favour as per terms of payment and transfer of property from them to you.

1. IF deceased husband had not executed his WILL document for his 50% share of the Property, THEN such property can be sold with mutual & joint signatures of Wife & Children who must compulsorily sign as "Confirming & Consenting Parties" on the new Sale Deed.  Son's sign as "Witness" is legally not tenable.

2. Alongwith above take a "irrevocable indemnity bond" from Wife & Children, to indemnify you against any & all legal disputes /claims /whatever.... 

1. No it is not fine because son is also legal heir of his father and he can claim equal share from property of his father. 

2. The should either execute a settlement deed or both need to obtain legal heir certificate and execute sales deed. 

The son has a share and he could create problems for you in the future. His consent is essential to this transaction. Rest is ok. Check if there are any encumbrances on the property.

Dear Sir/Madam,

You are suggested that in case the wife and son of the deceased person should be vendors in the proposed sale deed with you. 

- As per law, after the death of husband , his property would be devolved upon his wife and children , i.e. his wife and the said son.

- Hence both of them having equal ownership over the said property which you want to purchase. 

- Further , the sale deed should be executed by both of them , and mere a witness of the son is not enough , and in future the said son can claim his share legally. 

- Hence , in the sale deed both of them should be Vendor .

You need to make the son as consenting party to the transaction.

On demise of father, the wife and children will get right in the property, as such, wife and son will become entitled to equal share from out of half share left by husband.