Substitution /Mutation of property

·        My father Mr B migrated from Pakistan in 1947.

·        He got the compensation claim in respect of property which he owned in Pakistan.

·        Mr A was living in a house in Delhi which was allotted to him by Ministry of Rehabilitation in 1955 for which he was paying a rent to the Govt.

·        Later on Mr A was allowed to purchase the same house by Ministry of Rehabilitation. He deposited 1/5^th cost of the property with Land & Development Office (L&DO) in 1955.

·        Mr A, associated my father Mr  B with him ,for payment of 4/5^th cost of the property to L&DO as permitted by Ministry of Rehabilitation in Oct 1959 as Mr A was unable to pay the Balance cost of the property. This 4/5^th cost of the property was paid & adjusted from the claim of compensation of Mr B.

·        Accordingly Mr A became owner of 1/5^th & Mr B became owner of 4/5^th share of property.

·        Mr A sold his 1/5^th share of property to Mr B through an agreement to sell in Oct 1959,on a Rs 1.50 stamp paper after taking following:

1.   Mr B paid whole of 1/5^th cost of property to Mr A which Mr A had deposited to L&DO.

2.   Mr B paid full consideration money to Mr A which was settled between the two.

3.   Mr B paid up-to-date misc amount as on Oct 1959 ,like rent, Water charges etc to Mr A

·              Mr A handed over the possession to Mr B in Oct 1959 through the same agreement to sell.

·              Mr A was not having any property document like lease deed etc in Oct 1959 empowering him to transfer his share of property .Hence a registered GPA was executed by Mr A in favor of Mr C (a close relative of Mr B) empowering him to get the sale deed executed in favor of Mr B as & when transfer deed is issued by Ministry of rehabilitation in favor of Mr A. The lease deed & conveyance deed of the aforesaid property was recd from Ministry of Rehabilitation in June 1962.In both of these deeds the names of Mr A & Mr B indicating their shares ie 1/5^th & 4/5 th  in the property has been mentioned without demarcating the areas. In nutshell Mr A & Mr B have been indicated to be the co-lessees of the property. It is pertinent to mention that the Sale Deed for 1/5^th share of property has not been executed till date. As of now; I don’t know the whereabouts of Mr A or his legal heirs.

·              Mr B made a will in respect of this property in 1993 & made me beneficiary of the whole property .I lost my father in Dec 1995 .This will was probated in Aug 2008 in my favor.I  approached L&DO for substitution of title of aforesaid property in Sep 2008. L&DO has substituted only 4/5^th share of above property in my favour in Mar 2010 & have conveyed their inability to substitute the 1/5^th share of property in my favour as there is no sale deed for the same.

·                Mr C GPA holder also expired in Jan 2006.

·               Following are the important points in this case.

ü                 There are no dues outstanding for payment to L&DO.

ü              The property is in our absolute possession since Oct 1959.

ü                 Nobody (including Mr A & his heirs) has lodged any claim to L&DO with respect to 1/5^th share of property for the last 51 years.

I may kindly be advised as to what is correct course of action which should be taken by me for getting this 1/5^th share of property in my favour.

T K kakar