• Agreement to sell Executed but no change in Government records

“A” executed a Registered Agreement to Sell for an Industrial plot in Delhi with ‘X’ and ‘Y’ each with 50% share respectively.  The physical possession of the land was given to X&Y on which ‘X’ and ‘Y’ jointly constructed one floor. Shortly thereafter ‘X’ died . But ‘Y’ continued to build another floor on the top. ‘X’ and ‘Y’ did not get the property mutated (50% each) in their name, as ‘A’ is still the owner in government records.

1.	Can legal heir of ‘X’ do a freehold conversion of the land for their 50% share?
2.	What are the ownership rights of legal heir of ‘X’ in the building?
3.     How does legal heirs of ‘X’ gets physical possession of the property? What is the procedure?
Asked 5 months ago in Property Law from New Delhi, Delhi
Religion: Hindu
Apply for letters of administration from court for 50 per cent share in property 

2) then apply for mutation of property in name  of legal heirs of X for 50 per cent share . Then apply for conversion 

3) if Y is refusing to give possession to X legal heirs then they have to move court to claim possession of 50 per cent in the property 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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1. After X's demise his legal heirs are free to apply for mutation. They are also at liberty to apply for freehold conversion of the land to the extent of the share of A.

2. If X died intestate then his legal heirs i.e mother, widow and children succeeded equally to the land.

3. X's legal heirs can file a suit for recovery of possession if they are not allowed to take possesion.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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Dear Concerned,

a. As you have the registered agreement, you can get the property mutated on to you name , the said will be done on name of both X & Y 
b. As the 50% of the property was bought by X, and he died, the legal heirs will have the right over the property. 
3. Need to elaborate a bit on this please, who has the possession as of now.....assuming Y or his legal heirs have the possession, in such case you need to file a suit for declaration , possession and permanent injunction.


Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
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1) no NOC from Y is necessary

2) X legal heir can sell his 50 per cent share 

3) it is advisable to obtain letters of administration, carry out mutation and then sell 50 per cent share 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
No NOC is required by the heirs of one joint owner from the other joint owner to apply for mutation. The legal heirs are also at liberty to sell their share. Neither 'Letter of Administration" nor Succession certificate is required.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
The reasons for not changing the government records is that the parties to the transaction might not have initiated the mutation process hence it remains on the vendor's name itself despite  registered transaction.
However whether  a registered sale deed was executed subsequent to the registered sale agreement?

1.	Can legal heir of ‘X’ do a freehold conversion of the land for their 50% share?

The legal heir of X cannot apply for conversion of freehold from leasehold to their share without identifying the same by a proper partiion and NOC by other buyer.





2.	What are the ownership rights of legal heir of ‘X’ in the building?

The legal heirs of X are entitled to the fifty percent share in the property that belonged to X




3.     How does legal heirs of ‘X’ gets physical possession of the property? What is the procedure?

First there has to be a registration of sale deed in favor Y and legal heirs of X, after converting it into freehold fro leasehold and then the legal heirs of x and y can partition the property  amicably, register the partition deed unto their names and enjoy the possession of property.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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Y' has physical possession of the entire property. 'X' legal heir and 'Y' are not in talking terms , so does 'X' legal heir need a NOC from 'Y' to effect ownership transfer? Can 'X' legal heir sell their 50% share on paper? Does 'X' legal heir need a 'Letter of Administration" or Succession certificate?

The legal heirs of X can either amicably solve the issue by talking to Y or can issue a legal notice for the desired relief or els can approach court of law for proper partition and possession of their legitimate share in the property.
Succession certificate or letters of administration shall not be required for this.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

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