Assuming that the wife died intestate ( without executing a WILL ), then the share of the deceased wife devolves equally to the husband, two minor and one major kid, i.e., 1/4th share each.

Before going ahead, in your own interest, get the property papers evaluated by any Lawyer to obtain the correct opinion.

On wife demise her 50 per cent share would devolve on husband and 3 children equally 

2) husband need court consent to sell minor share in property 

Joint owner wife with two minor and one major kid died. You want to purchase property for husband who married second wife. Deceased wife’s share will be mutated in the name of husband, major son and two minor kids with father as guardian. Permission of Court needs to be obtained for sale of minors’ share, husband and major kid will register sale deed of their shares new wife will sign sale deed as witness. This is the full proof solution.

As the property was in joint names of the husband and the (first) wife (since deceased), after her death, by automatic succession, her 50% share devolved on her husband and their 3 children in equal measure. As a result, in the whole property, the husband has 62.50%, and each child has 12.50% share now. The husband and the major child can sell their shares (75%, in all). However, the husband has to sell the two minors' shares (total 25%) also. Legally he may do so ONLY if the purpose is for the necessaries of the minor children, to meet their food, clothing, shelter, educational and medical expenses. If it turns out in future that the purpose is otherwise, the minors may challenge the sale upon attaining majority. In the circumstances, it is better to insist upon a court order for the sale of the property.

You need noc from all adult heirs and court permission for minors in said case if they are legal heirs in said case

- As per law , after the death of wife intestate , her share in the property would be devolved upon all her legal heirs equally i.e. husband and children will have their 1/4 share in the property left by wife. 

- Further , none having right to take the share of 2 minor kids without getting a court order . 

- The major kid can release his respective share in favour of father after executing a registered deed. 

- The second wife having no right in the property left by first wife, she can claim only after the demise of husband. 

- Legally , you cannot purchase this property due to being minor kids. 

Dear client, 

In order to prevent any encroachment, you need to make sure all your documents are in place. Apart from the sale deed and conveyance deed, key documents also include mutation and registration of the property. You may also have paid taxes on your purchase. These documents will also support your ownership over a property. In case you used bank finance to fund the purchase, the papers provided by the bank would also solve the same purpose. Keep records and copies of all these documents. Get the registration done as soon as you purchase the property as well. Pay the stamp duty on time as well. 

Thank you. 

The property is reportedly jointly owned by husband and his deceased wife.

As far as the share of the deceased wife is concerned, it will devolve on her own legal heirs consisting her own children and her husband. 

The children of the second wife neither the second wife would be entitled to any share in the property that belonged to the deceased wife. 

You have to obtain a family tree certificate or legal heirship certificate in respect of the class I legal heirs of the deceased wife and all those legal heirs have to execute the registered sale deed jointly in your favor. 

If there are any minor child(ren) to the deceased wife, then the father/guardian should file an application before court competent seeking permission to sell the share of the minor child citing the reasons that he relies upon to seek this permission. 

After obtaining the permission from court with regard to the share of the minor, the father of the minor child can execute the sale deed ion behalf of the minor child too. 

Whatever, you may obtain a proper legal opinion from an experienced  local lawyer and proceed only if it is recommended. 

1. You can not buy the said property with out the approval of the local District Judge since share of it has been coinherited by the two minor kids also.

2. For selling properties of minors, the approval of the local District Judge will be required otherwise the said sell will be considered as illegal and invalid.

Dear Querist

as the wife was co-owner of that property as informed by you, who died 4 years ago and left one major and 2 minor children hence without the prior permission of the court/District Magistrate that property cannot be legally sold as the minor children have rights in that property.

this property is not feasible to purchase until and unless the permission of the court or district magistrate.