Conversion of leasehold plots to feehold
Querist :
Anonymous
(Querist) 14 February 2024
This query is : Resolved
Maharashtra govt has issued GR in April 2018 that all partition refugee camps leasehold properties have been converted to freehold . Most of the refugee families have sold their plots to other refugees in 1950-60 at very cheap rates and on 10-15 paise stamp paper, Now lease will be converted to freehold land in whose name , original allottees or present occupant (buyer) of plot ?
Secondly, many families have shared plot in 2-3 parts to accommodate their 2-3 son's family
Suppose plot size is 1500 square feet, lease was given to X in 1952 , he has expired and his 3 son's have shared the plot in 3 parts , each son has 500 square feet in plot , each son has constructed house on his 500 square feet share,
Now they want to convert their father's lease hold plot to freehold plot
Now my question is that, free hold rights will be issued in whose name? Their father's name or all 3 son's will get freehold land of 500 square feet, which is better, I think
Please answer my question, I am confused
T. Kalaiselvan, Advocate
(Expert) 14 February 2024
The leasehold properties shall be converted in the name of the original allottee, in the absence of the original allottee the legal heirs can get the leasehold converted to freehold by producing the substantial documentary evidence to prove the death of the original allottee and the legal heirship certificate.
kavksatyanarayana
(Expert) 14 February 2024
Yes. I agree with the reply of the learned expert Sri T.Kalaiselvan Sir.
Querist :
Anonymous
(Querist) 15 February 2024
Death certificate is there but legal heir certificate is not there, original allottee expired in 1976 he has 6 sons (6 legal heirs) , 4 son's have relinquished their rights in favour of 2 sons
Can those 2 sons apply for conversation of leasehold plot to freehold plot in their names ( in the name of 2 sons) on the basis of death certificate of original allottee and relinquishment deed,
In Relinquishment deed ,it is clearly written that deceased has 6 sons only
All 6 sons too have died , legal heirs of 2 sons (in whose favour, property rights have been relinquished) will apply for conversation of land to freehold
Please answer
T. Kalaiselvan, Advocate
(Expert) 15 February 2024
The relinquishment deed will not hold good at this stage, the application for conversion of leasehold proeprty to freehold should be signed by all the legal heirs, after which they can execute a registered release deed relinquishing their rights in the property.
Querist :
Anonymous
(Querist) 18 February 2024
Actually their father had made will in 1961 on plain paper, which all 6 sons also had signed , in that will their father has mentioned that he has 3 plots of 1800 square feet each plot , plot no 1,2and 3
He has given 3 plots to his 6 sons , means half plot to each son , plot no 2 and 3 have been directly purchased in 4 son's names only by their father
Only plot no 1 is in father's own name that is lease hold plot , for that plot only 4 sons have relinquished their rights in 1999 in plot 1 in favour of 2 sons as per their father's will on plain paper
and that plot no 1 is already in possession of those 2 sons since beginning and they have constructed 3 story house on it with their own funds, that is also mentioned in Relinquishment deed
Now those 2 sons ( legal heirs of 2 sons) want to convert lease hold plot no 1 to freehold land in their names , will they have any problem?
Will and relinquishment deed, these 2 documents are not sufficient?
Please advise
Querist :
Anonymous
(Querist) 18 February 2024
Actually their father had made will in 1961 on plain paper, which all 6 sons also had signed , in that will their father has mentioned that he has 3 plots of 1800 square feet each plot , plot no 1,2and 3
He has given 3 plots to his 6 sons , means half plot to each son , plot no 2 and 3 have been directly purchased in 4 son's names only by their father
Only plot no 1 is in father's own name that is lease hold plot , for that plot only 4 sons have relinquished their rights in 1999 in plot 1 in favour of 2 sons as per their father's will on plain paper
and that plot no 1 is already in possession of those 2 sons since beginning and they have constructed 3 story house on it with their own funds, that is also mentioned in Relinquishment deed
Now those 2 sons ( legal heirs of 2 sons) want to convert lease hold plot no 1 to freehold land in their names , will they have any problem?
Will and relinquishment deed, these 2 documents are not sufficient?
Please advise
T. Kalaiselvan, Advocate
(Expert) 18 February 2024
The relinquishment deed made on a plain paper is not legally valid and the present occupiers cannot claim title in its entirety based on this piece of paper.
The leasehold has to be converted to freehold property by all the legal heirs giving an application jointly.
Once that is done, then the other legal heirs can execute a registered release deed.
The Will is only for the property and not for converting the property to freehold.
In fact your father was not having clear and marketable title to the property at the time making this Will because it was a leasehold property, hence you may follow the procedures of law without making the things more complicated.
Querist :
Anonymous
(Querist) 18 February 2024
Relinquishment deed is registered. , Will is on plain stamp paper signed by father and all 6 sons in 1961
Querist :
Anonymous
(Querist) 18 February 2024
Sorry , the Will of 1961 is on plain paper signed by father and all 6 sons
But relinquishment deed is registered
T. Kalaiselvan, Advocate
(Expert) 18 February 2024
Unless the property is converted to freehold, even the allottee cannot claim title to the property.
The property is not converted till this date.
Thus either the Will bequeathing the property by the allottee in favour of beneficiaries or the release deed executed by the strangers to property is valid in law.
You were advised about next step to be adopted very clearly in the above posts, if you don't want to understand then you can proceed in the manner known to you as the legal advises given to you went into deaf ears.
