Some clarification is required I believe to delve into your query deeper.
You are a non-EEA national resident as a dependant of an EEA national.
Your husband is also a non-EEA national and is dependent on your mother who is an EEA national.
Your husband has overstayed his current leave.
Is this correct?
If it is, I would advise against making an application in country as your case is not strong enough - shaky even. At present it appears to meet the grounds for refusal for an EEA family permit listed below:
We will refuse your application if:
You are involved in a 'marriage or civil partnership of convenience'. This is a marriage or civil partnership that is for immigration purposes only, with neither person planning to live with the other in a genuine and settled relationship.
You cannot provide evidence of permission to be in the country where you are applying (he is not a UK national).
It would probably be better to retain the services of competent counsel to provide advice and help with any application.