When land changes hands in Uttar Pradesh, by inheritance, sale, gift or family settlement, the revenue records must be updated to show the new holder. This is mutation, commonly called dakhil kharij or namantaran. A purchaser whose name never reaches the khatauni, or heirs who never apply after a death in the family, often discover the problem years later, when the land is sold again or a dispute begins. This note explains the procedure under the Uttar Pradesh Revenue Code, 2006.
What mutation does, and what it does not
The khatauni is the record of rights for agricultural land. Mutation amends it so that the person now in possession by succession or transfer is recorded. It matters for land revenue, for loans against land, for government schemes and for any later sale.
It does not decide ownership. In Jitendra Singh v. State of Madhya Pradesh (2021), the Supreme Court reiterated that a mutation entry confers no right, title or interest and serves only a fiscal purpose, relying on its earlier decision in Balwant Singh v. Daulat Singh (1997). A wrong entry in the khatauni does not take away your title, and a favourable entry does not create one.
Mutation on succession: Section 33
Under Section 33, a person who obtains possession of land by succession must report it to the Revenue Inspector of the circle in the prescribed form. If the case is not disputed, the Revenue Inspector records the succession in the khatauni. In other cases, the Revenue Inspector makes inquiries and reports to the Tahsildar. A person whose name has not been recorded, or who is aggrieved by the Revenue Inspector's order, can apply to the Tahsildar.
Mutation on transfer: Section 34
Section 34 requires a person who obtains possession of land by transfer to report it to the Tahsildar of the tahsil where the land is situated. The Code makes clear that a transfer includes a family settlement. The State Government may prescribe a fee for recording the entry, payable by the person in whose favour it is made.
What the Tahsildar does: Section 35
On receiving a report under Section 33 or 34, or on otherwise learning the facts, the Tahsildar issues a proclamation and makes such inquiry as appears necessary. If the case is undisputed, the Tahsildar directs that the khatauni be amended. If it is disputed, the Tahsildar decides the dispute and, where needed, directs the amendment. The proclamation is what gives other claimants the chance to object.
Objecting to a mutation
If someone has applied for mutation of land in which you claim a share or title, file a written objection before the Tahsildar with copies of the documents you rely on: the sale deed, earlier khatauni entries, a family tree and death certificates in succession cases, or a decree of court. Once an objection is filed, the case becomes contested and is decided after hearing both sides. Keep the case number and track each date.
Appeal: Section 35(2)
A person aggrieved by the Tahsildar's order may appeal to the Sub-Divisional Officer within thirty days of the order. Note the date of the order, not the date you came to know of it, and file in time. The Code provides further remedies against appellate orders, but the first appeal is where most errors are corrected.
Checking the records
Copies of the khatauni can be viewed on the U.P. Bhulekh portal, upbhulekh.gov.in. Hearing dates, orders and the progress of revenue court cases can be checked on vaad.up.nic.in. Check the khatauni before you buy any land, and again after the mutation order, to confirm that the entry has actually been made.
When mutation is not enough
Because mutation does not decide title, a genuine dispute over ownership has to be decided by the competent court. Typical examples are a will whose genuineness is challenged, a sale deed alleged to be forged or obtained by fraud, and competing claims among heirs. Which court hears the dispute depends on the nature of the land and the relief sought: for agricultural land many suits lie before the revenue courts under the Code itself, while others go to the civil court. A mutation order passed in the meantime is subject to the final decision.
Documents to keep ready
- The latest khatauni for the land
- The registered sale deed, gift deed or family settlement, for a transfer
- The death certificate and a family tree, for succession
- Any will, with details of the witnesses
- Identity proof of the applicant and the heirs
- Any court order or decree concerning the land
Frequently asked questions
Does mutation make me the owner of the land?
No. The Supreme Court has repeatedly held that a mutation entry does not create or extinguish title. It records who pays land revenue. Ownership comes from your sale deed, succession or other source of title.
What is the time limit to appeal against a mutation order?
Under Section 35(2) of the U.P. Revenue Code, 2006, an appeal against the Tahsildar's order lies to the Sub-Divisional Officer within thirty days of the order.
Can mutation be done on the basis of a will?
A will can be the basis of a mutation application. If the will is disputed, the Supreme Court in Jitendra Singh v. State of M.P. (2021) said the person relying on it must have their rights decided by the appropriate court, and mutation follows that decision.
Where can I see the khatauni and the status of my case?
Copies of the khatauni can be viewed on the U.P. Bhulekh portal, upbhulekh.gov.in. Hearing dates and orders in revenue court cases can be checked on vaad.up.nic.in.
Is this the same as mutation of a house in Lucknow city?
No. Dakhil kharij under the Revenue Code concerns land records. A house or flat in a city is also entered in the municipal property tax records, and changing the name there is a separate process with the Nagar Nigam.
This article explains the general legal position for information only. It is not legal advice, and the outcome of any matter depends on its own facts and the rules that apply to it.
Related: Property and land disputes in Lucknow.