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XIV. Accordingly, the application already made by all parties for mutation of Usha Bhagat's one-half of the said property was withdrawn and replaced by a fresh application for mutation in the names of parties Nos. 1 and 2. In accordance with the family settlement that Usha Bhagat's one-half devolved on all five parties hereto as her heirs, the affidavits by all the parties in support of the second application stated, amongst other things, that the clause in Usha Bhagat's will relating to the said property was adeemed, making clear that her will does not govern succession to her one-half of the said property. XV. The parties agree that mutation and conversion to freehold of Usha Bhagat's aforesaid one-half of the said property if and when made in the names of parties Nos. 1 and 2 will be on behalf of all five parties hereto and only as an expedient (mutation will not affect title). XVI. The parties also agree that if it becomes necessary for Parties Nos. 1 and 2 to execute a fresh agreement to sell Usha Bhagat's one-half of the said property with the aforesaid Mr. Tarun Sawhney, they will enter into such agreement as representatives and on behalf of all five parties hereto and the agreement will be framed in such a way that the buyer is required to pay the price payable for Usha Bhagat's one-half of the said property separately in equal shares directly to all five of the parties as owners of one-fifth share therein at the time of execution of the sale deed as already agreed upon in the agreement to sell dated 16th September, 2009.

The undivided one-half thereof that remained in Usha Bhagat's ownership devolved by intestate succession under the Hindu Succession Act on her heirs, namely, the five parties hereto in equal shares.

2. The Agreement to Sell Usha Bhagat's one-half of the said property dated 16th September, 2009 entered into with Mr. Tarun Sawhney correctly reflects the aforesaid family settlement.

3. The parties hereby agree that if the L&DO mutates and converts to freehold Usha Bhagat's undivided one-half of the said property in the names of parties Nos. 1 and 2 then that will only be as an expedient for quick mutation and conversion. It will not affect succession to Usha Bhagat's one-half of the said property (mutation will not affect title), or the family settlement recorded herein and expressed in the agreement to sell dated 16th September, 2009 between all five parties hereto and Mr. Tarun Sawhney. All the parties hereto will continue to have legal title to one-fifth share each in Usha Bhagat's undivided one-half share of the said property by succession under the Hindu Succession Act even if the L&DO mutates and converts to freehold the said one-half in the names of parties Nos. 1 and 2 only. Misuse charges, if levied by the L&DO or MCD after Usha Bhagat's re-construction of par tof the building will be deducted from the sale price for her one-half share.

49. To substantiate the findings as noted in the para above it would be relevant to reproduce few communications between the parties exhibited as Ex. PW-1/20 (Colly) in respect of various requirements as under:

i. Email from Vinoo Bhagat to Tarun Sawhney dated 17th March, 2010.

Dear Mr. Sawhney, Lalit sachdeva and Surbhi Kapur met me last evening. As I understood Mr. Sachdeva, The L&DO will mutate one-half- the rear portion one- half-in my name on the basis of the court's transfer deed. When I pointed out that the transfer was of an undivided one- half, and not of front or rear, and also that it is a single undivided plot, he agreed it would be of an undivided one-half. I don't quite understand the first reference to the rear one- half.

"From: Vinoo Bhagat [[email protected]] Sent: 17th March, 2010 12:33 To: Tarun Sawhney Subject: Mutation Dear Mr. Sawhney, Lalit Sachdeva and Surbhi Kapur met me last evening. As I understood Mr. Sachdeva, The L&DO will mutate one-half- the rear portion one- half- in my name on the basis of the court's transfer deed. When I pointed out that the transfer was of an undivided one- half, and not of front or rear, and also that it is a single undivided plot, he agreed it would be of an undivided one-half. I don't quite understand the first reference to the rear one- half.