Land Mutation in Uttar Pradesh 

What is Land Mutation?

In Uttar Pradesh, the process of land mutation is also known as Namantaran or Dakhil Kharij. A buyer can update their name in the Land Revenue Department’s records through mutation.

Land mutation is the process that changes the title of ownership of any land or property from one individual to another in the event of a sale or a transfer of property rights. This process records the title of the property under the name of its new owner in the records of the local municipal corporation.

The change in ownership of the property title allows the government of the respective state in whose sovereignty the property lies to charge property tax from the rightful owner and keep updated records to resolve any property dispute by establishing legal ownership. 

Section 34/35 of the Uttar Pradesh Revenue Code, 2006 governs land mutation in the state of Uttar Pradesh. Land ownership is changed through Sale Deed, but the entry of ownership in the revenue records is called Mutation.

Why Is Land Mutation (Dakhil Kharij) Important?

In case of any sale or transfer of property rights, the land mutation process is a necessity by law in all legal transactions and provides benefits such as:

1. Confirming the legal ownership of the property

The mutation process provides an undisputable confirmation of the property rights as it is a legal certification of the change in ownership. 

2. Property Taxation

Mutation ensures that the property taxation liability is properly transferred to the new owner and releases the previous owner from all taxation obligations for the said property. 

3. Access to Utilities

Only after the correct mutation of the property takes place will the new owner be able to access essential utilities such as electricity and water. 

4. Facilitation of Transactions:

• Proper land records make transactions easier, such as buying, selling, or transferring land.
• For buyers, sellers, and other parties, they simplify the process by giving clarity on ownership rights.

5. Transparency:

• By granting the public access to updated land records, Dakhil Kharij encourages transparency in matters pertaining to land.
• By doing this, it guarantees accountability and openness, fostering faith in the land management system.

Advantages and Disadvantages of Land Mutation 

Advantages	Disadvantages
Legal Ownership: Establishes legal ownership of the property.	Time-Consuming Process: This can be lengthy and bureaucratic.
Accurate Revenue Records: Ensures that land records are up-to-date.	Cost Implications: This may involve fees and potential costs for documentation and processing.
Facilitates Future Transactions: Simplifies the process for selling, mortgaging, or transferring land.	Possibility of Disputes: Errors or delays in mutation can lead to disputes or legal complications.
Taxation: Proper mutation helps determine accurate tax liabilities, preventing future disputes with authorities.	Need for Multiple Approvals: Requires approval from various authorities, which can be cumbersome.
Access to Government Benefits: Enables access to subsidies and schemes related to land.	Dependence on Documentation: Requires accurate documentation, and any discrepancies can delay the process.
Inheritance Rights: Protects the rights of heirs by recording transfers due to inheritance.	Potential for Corruption: The process may be vulnerable to corruption or manipulation.

How Is Land Mutation Different From Registration?

The process of mutation and registration of a property may seem similar. However, they have distinct functions.  When a property is purchased, the buyer must pay the applicable stamp duty and registration fees to the state’s land and revenue department. These fees vary across states. Once these charges are paid, the property registration is considered complete. Unlike mutation, property registration is a more immediate process and includes the creation of a ‘Sale Deed.’

In contrast, property mutation occurs later, possibly up to a year after the property is officially registered. It is the buyer’s responsibility to have the property documents mutated in their name. To do so, they must visit the local land and revenue department to initiate the mutation process.

Aspect	Registration	Mutation (Dakhil Kharij)
Purpose	Formal recording of property transactions	Updating land records to reflect changes
Authority	Sub-Registrar of Assurances	Revenue Department or local authorities
Legal Requirement	Mandatory for certain property transactions	Not mandatory but essential for maintaining records
Documentation	Sale deeds, gift deeds, lease agreements, etc.	Application forms, supporting documents
Fees	Registration fees and stamp duty	Applicable fees or charges
Process	Submission of documents to Sub-Registrar	Submission of application to revenue authorities
Types of Changes	Sale, gift, lease, mortgage, etc.	Transfer of ownership, inheritance, partition, etc.
Record Created	Legal record of ownership	Updated land records
Importance	Establishes legal recognition of the transaction	Ensures accuracy and clarity in land ownership

Types of Land Mutation

There are two types of land mutation:

1. Agricultural land

In the case of agricultural lands, mutation is crucial for establishing the legal ownership of the land. Unlike non-agricultural lands, the transfer of ownership for agricultural land is not considered legally valid until the mutation process is properly completed and recorded in the revenue records.

2. Non-agricultural land 

In this situation, failing to mutate the land won’t impact the property’s title but will likely affect the owner’s obligation to pay municipal taxes and could disrupt water and electricity services. Examples of non-agricultural lands include independent houses, flats, residential complexes etc.

The mutation of agricultural land is essential as it legally transfers the land title to the new owner’s name. This process is particularly important during land acquisitions, as the government bases compensation on the land mutation records. If the land has been recently sold and the new owner has not completed the mutation, they will be ineligible for compensation. 

However, this is not the case with residential properties. For independent flats, builder floors, houses, and villas, failing to carry out the mutation does not affect the new owner’s ownership rights.

Why is Bhumi Dakhil Kharij needed?

• A property mutation in the revenue records represents the transfer of ownership of a property title from one person to another. It is also included in the record files of the relevant municipal or revenue authorities. Furthermore, the mutation process no longer gives the assets any identity; rather, it ensures that the matching revenue files are changed to the owner’s name whenever a switch is implemented through a legally executed and registered record (in which case the registration is unavoidable).
• States differ in terms of the property’s mutation charges, related processes, and documentation. An application must be submitted in the name of the Talathi, village accountant, or revenue official of the linked region in order to initiate a smooth mutation. The specified form will be filled out in the same manner. If there is no such form, write it down on a plain piece of paper and send it in with the non-judicial stamp paper. After that, pay the relevant fees in accordance with the guidelines.
• Public protest is invited by requiring the document supporting the proposed mutation—which may include the sale deed, partition deed, present deed, will, and many more—to be attached.
• If you are transferring assets based on a sales deed, the applicant may require a no-objection certificate from the transferor in accordance with state-specific regulations. 
• In the event when an objection is obtained, the problem is cited by the nearby sales assistant.
• Numerous documents are needed in order to complete the mutation. If a sales deed, property partition, gift deed, or power of attorney is inherited based on a will, this is required.
• A letter is distributed in the transferor’s name each time someone files a file for transfer. Within the next fifteen days, the transferor is required to provide the letter if he receives any kind of objection. The property becomes applicable for the transferee’s name mutation if no objection is raised within this time frame. Though the same requires the fulfillment of specific requirements.
• The person will be required to pay a certain amount as a fine if he neglects to get the mutation completed on his name.
• Errors are rarely discovered in the mutation records thanks to computerization. But if it turns out that there are errors of any kind in the specified property area, all you have to do is attach the prior mutation that shows the right size in a simple application and submit it to the revenue office in the region.
• Purchasing real estate that isn’t registered in the seller’s name is prohibited.

All about the Dakhil Kharij Certificate

An essential document issued by an Indian state’s revenue department or land revenue authority is a Dakhil Kharij certificate. It offers official documentation of any alterations or mutations made to land records via the Dakhil Kharij procedure.

The certificate includes up-to-date details about who owns the land, where it is located, how it is used, and other pertinent information.

In essence, the Dakhil Kharij certificate ensures transparency and legality in land transactions by verifying the completion of the mutation or transfer of property title in the name of a new owner. Clear title to the land must be established in order to facilitate different property-related transactions, including purchases, sales, leases, and mortgages.

In order to guarantee that the land transactions are legal and open, the certificate attests to the validity and correctness of the updated land records.

Online Procedure for Land Mutation

1. To begin the application, visit the official e-NagarSewa Portal website. 
2. Click the online mutation button on the home
3. As the online facility page opens, click on the apply button. 
4. If you are a new user, click on register. Otherwise, go straight to login. 
5. After registration, make a request with the Urban Local body for a new property mutation. 
6. If your property is registered in the E-Nagarsewa portal, you may verify your property details by entering your property ID. If not registered, then you may search the property at the particular Urban Local Body website.
7. Once you have verified your property details, click on the add mutation application form. 
8. Fill in the requested details concerning the old and new owner of the property 
9. Select the cause of mutation from the following drop-down list:
   1. Due to the Death of the Recorded Owner
   2. Due to a Registered Sale Deed
   3. Will Deed
   4. Registered Gift Deed
   5. Family Settlement
   6. By Order of Court
   7. Hibba

10. Upload the mandatory documents and click on the save record button 
11. Make the payment of the mutation process. The payment may vary based on the cause of the mutation mentioned. 
12. Once the payment is received, the respective authority will verify your application. 
13. You may check the verification status of your application on the E-Nagarsewa portal using your application number. 
14. Once the respective authority has approved the verification for your application, you may download the property mutation order. 

Offline Procedure for Land Mutation

1. To begin your application for the land mutation visit the nearest block or sub-registrar office. 
2. You will be provided with the application form at the office, which you must fill out.
3. Fill in the mutation application with the requested details and avoid any mistakes. 
4. Apply the concerned operator along with all the supporting documents. 
5. The sub-registrar officer will then move on for a mutation certificate online to the respective authority. 
6. The respective department will then process the request for the mutation and verify the application. 
7. The authorised government officer will issue the mutation certification after successfully verifying the application. 

How to Download Dakhil Kharij Certificate?

Use the instructions below to download the Dakhil Kharij certificate online. Using the same process, you can also monitor the progress of Dakhil Kharij online side by side.

Step 1 

Go to upbhulekh.gov.in, the official website of the Uttar Pradesh government, to view a copy of your khatauni. By using the dakhil kharij online login, you can access the online dakhil kharij status here.

Step 2 

A captcha will then show up. Additionally, you will be presented with four alternatives for how to search after entering the captcha.

• Find using Khata no.
• Find using account no.
• Find using the name of the account holder’s no.
• Find using the date of transfer.

Step 3 

After selecting “view quotation,” you will be prompted to input another captcha. 

Step 4  

Enter the captcha, and all the details of the land will appear.

Step 5 

Click on the Khasra no.

Step 6 

A new page will open with three options

• Know the Gate land map
• Know the status of the plot
• Know the status of being litigated by land

Step 7 

Click on the option of ‘know the status of being litigated.’
Step 8 

A new page will open in front of you.
Step 9 

When you click “view details,” the details will appear on the screen. You can also check the online status of Dakhil Kharij by selecting the “View Order Form” option. After that, you can attempt downloading your copy of Dakhil Kharij. In this manner, everyone may easily check the status of their dakhil kharij online.

Timeline 

The mutation process and verification typically is completed within the 15-30 day range. Upon the completion of the verification, the mutation certificate issued will also be updated within the municipal records with the new owner’s details. 

Documents Required for Land Mutation in Uttar Pradesh

If a property has been purchased, the following documents are required:

• A certified copy of the sale deed (attested)
• The most recent property tax payment receipts
• An indemnity bond on a Rs. 100 stamp paper
• An affidavit on a Rs. 10 stamp paper

If the property has been inherited by an heir after the owner’s death, the required documents are:

• The owner’s death certificate
• A copy of the will or succession certificate
• An indemnity bond on a Rs. 100 stamp paper
• An affidavit on a Rs. 10 stamp paper, attested by a notary
• The most recent property tax payment receipts

If the property has been purchased through a Power of Attorney (POA) holder, the necessary documents include:

• A copy of the power of attorney papers
• A copy of the will
• A receipt of payment registered with the sub-registrar
• An indemnity bond on a Rs. 100 stamp paper
• An affidavit on a Rs. 10 stamp paper, attested by a notary
• The most recent property tax payment receipts

Conclusion 

In conclusion, land mutation in Uttar Pradesh is a vital legal process that ensures the accurate transfer of property ownership and helps maintain up-to-date records in the local municipal registry. Whether you have purchased, inherited, or acquired property through a Power of Attorney, completing the mutation process is essential to establish your legal ownership, ensure proper taxation, and gain access to utilities. 

While it may appear complex, both online and offline procedures are available to simplify the process. Timely and accurate completion of land mutation is not just a legal requirement but also a safeguard for your property rights and investments.

Frequently Asked Questions on Land Mutation in Uttar Pradesh

Q1. How much does it cost for land mutation in Uttar Pradesh?

Ans1. In Uttar Pradesh, the property mutation fee is typically a fixed sum that varies based on the property’s type and size. According to the most recent data, this fee generally falls between Rs. 100 and Rs. 500.

Q2. How much time does it take for mutation in Uttar Pradesh? 

Ans2. After submitting the application it takes the respective authorities 15-30 days to verify and issue the land mutation certificate. 

Q3. Can I sell my land without mutation in Uttar Pradesh?

Ans3. If property mutation isn’t completed, the government’s records will still show the previous owner as the rightful owner of the property. As a result, the property might continue to be subject to various taxes, such as property tax and possibly capital gains tax, under the former owner’s name.

Q4. Is mutation necessary after registration?

Ans4. Yes. Mutation is necessary as a way to update the government’s records and ensure the property taxes are reflected in the new owner’s name. 

Q5. What do you do if a mutation is rejected?

Ans5. If a mutation is rejected, you can reapply after 30 days. 

Q6. What happens after mutation?

Ans6. After mutation, the official title of the property is transferred to the new owner, giving them official legal ownership of it. 

Q7. Can we buy property without mutation?

Ans8. Buying a resale flat is risky without a mutation certificate, as the mutation is crucial after registering the flat to ensure that the local authorities’ records reflect the new owner’s name instead of the previous one.

Q8. Can mutations be cancelled?

Ans8. Yes. A mutation can be cancelled by visiting your city’s local municipal office and filling out an application. 

Q9. How can I check my mutation status in UP? 

Ans9. To check the status of your application, visit the official e-NagarSewa portal. Select the ‘Application Status’ tab on the site, then enter your application number and the image text. Click the ‘Submit’ button to see the current status of your mutation application.

Q10. What is the difference between Dakhil Kharij and mutation?

Ans10. A mutation and Dakhil Kharij are the same thing. Dakhil Kharij is just the Hindi term for the same.