Civil & Property Law
How to Get a Succession Certificate in India
How to apply for a succession certificate under the Indian Succession Act, 1925: jurisdiction, petition, notice period, fees, and what it covers.
Property Mutation in Uttar Pradesh: How to Apply for Dakhil-Kharij
After buying property in Uttar Pradesh, apply for mutation (dakhil-kharij) at the Tehsil to update the revenue records in the new owner's name. For agricultural land, the Tehsildar handles the application. For urban property, the municipal authority does. Mutation updates government records; it does not by itself create or confirm title.
What mutation is, and what it is not
After a property is sold and the sale deed registered, the buyer’s name does not automatically appear in the government records. Mutation — called dakhil-kharij in the revenue administration — is the process by which the buyer’s name replaces the seller’s in those records.
For agricultural land, the record that is updated is the khatauni: the register of rights maintained under the UP Revenue Code, 2006 for each village, showing who holds which plot and on what tenure. For urban or abadi property, the corresponding update is to the property tax register maintained by the municipal body.
Mutation is not title. An entry in the revenue or municipal record does not prove ownership. The Supreme Court of India has stated this repeatedly: revenue entries are presumptive and do not override the actual chain of registered documents. What mutation does is administrative — it records who is in possession and who is responsible for land revenue or property tax. When the entry is inconsistent with the actual chain of registered title, it is the title documents that prevail in a court of law.
That said, without mutation:
- The new buyer does not appear in government records
- Property tax continues to fall in arrear against the old name
- Future transactions — sale, mortgage, conversion — are complicated
- Applications that require a current khatauni showing the buyer as tenure-holder will be refused
Apply for mutation immediately after registration. Do not defer.
Who applies where
| Type of property | Authority | Record updated |
|---|---|---|
| Agricultural / bhumidhari land | Tehsildar of the tehsil where the land falls | Khatauni (record of rights) |
| Urban / abadi property — Nagar Nigam area (e.g. Bareilly) | Municipal Corporation property tax department | Property tax / house tax register |
| Urban / abadi property — Nagar Palika or Nagar Panchayat | The respective municipal body | Property tax register |
| Nazul land (urban land vested in the state, held on lease) | Nazul Officer / Collectorate | Nazul register |
Nazul land — land in urban areas that belongs to the state and is held by residents on lease — has its own mutation process through the Collectorate. Check the nature of the holding before applying; a plot in a cantonment or notified area may have a different authority altogether.
Documents required
| Document | Purpose |
|---|---|
| Registered sale deed (original or certified copy) | Primary evidence of transfer |
| Latest khatauni naming the previous owner | Shows the entry to be updated |
| Identity proof of the new buyer (Aadhaar, PAN, etc.) | Establishes who the mutation is in favour of |
| Stamp duty paid receipt / registration acknowledgement | Confirms that registration is complete |
| Court-fee stamps for the application | Statutory requirement (amount is nominal) |
| Affidavit by the buyer | Standard procedural requirement |
| No-objection from co-owners or co-heirs, if the land is held jointly | Required where multiple interests exist |
For transfers by inheritance — where there is no sale deed — the documents differ: the applicant provides the death certificate of the previous tenure-holder, the family tree, and evidence of heirship such as a succession certificate or legal heir certificate from the revenue authority.
The step-by-step process for agricultural land
| Stage | What happens | Approximate time |
|---|---|---|
| Application filed at the Tehsil | Form submitted with documents and court fee stamps | Day 1 |
| Registration of application | Tehsildar or Naib-Tehsildar records the application | Days 1–5 |
| Notice to previous owner and interested parties | Authority issues notice giving others an opportunity to object | Weeks 2–4 |
| Objection period | Any co-sharer, heir, or interested person may file a written objection | 15–30 days from notice |
| Hearing (if contested) | Tehsildar hears both sides and considers documents; in an uncontested matter a summary hearing suffices | Weeks 4–8 |
| Mutation order | Order passed approving or refusing the mutation | Week 4–8 (uncontested) or longer (contested) |
| Entry in khatauni | Revenue records updated to show the new tenure-holder | After the order |
In an uncontested matter the process is largely administrative. The Tehsildar issues notice, waits the objection period, and passes an order if none is received. The practical timeline depends on the workload at the Tehsil and how promptly notices are served.
Contesting or challenging a mutation order
A party aggrieved by a mutation order — whether the grant was refused, or the entry was made without adequate hearing — may:
- File a revision before the Sub-Divisional Magistrate (SDM)
- Appeal to the Revenue Court at the district level under the UP Revenue Code, 2006 if the dispute concerns the correctness of the revenue entry
Where the real dispute is about ownership — who has the valid chain of title — that must be decided by a civil court, not the revenue authority. The Tehsildar and revenue courts can correct the record and hear competing claims about who is entitled to an entry; they cannot finally adjudicate title.
The civil court can, in a title suit or cancellation of sale deed, direct the mutation to follow the decree. That is the route where the underlying transfer is disputed.
Restrictions to be aware of
SC/ST land restrictions. Under the UP Revenue Code, 2006, land held by members of Scheduled Castes and Scheduled Tribes is subject to transfer restrictions. A sale without the prescribed permission is void, and mutation of such a transfer will not be ordered. The category of the holding should be confirmed before any agreement is signed — not after the land has been paid for.
Ceiling limits. Holdings above the ceiling limits under the UP Imposition of Ceiling on Land Holdings Act, 1960 are not freely transferable. The Tehsildar verifies this before proceeding.
Conditional or lease tenures. Nazul and other lease-based urban tenures carry conditions on transfer. Confirm the tenure category before concluding any transaction, particularly for older urban properties that may have originated as government grants or allotments.
The honest summary
Mutation is a mandatory administrative step, not an optional formality. Deferring it creates practical complications that grow over time and can prove difficult to resolve if records fall out of sync with the chain of title.
Apply at the Tehsil or the municipal body as soon as registration is complete. The process is straightforward in an uncontested matter. If a co-sharer objects, or if the nature of the land raises a restriction issue, the Tehsildar’s proceedings become adversarial and legal representation matters. An order passed without properly hearing an applicant can be challenged in revision; act promptly, as delay in challenging also runs against you.
Related
Frequently asked questions
Does mutation give ownership of the property?
No. Mutation is an administrative entry in government revenue or municipal records. It does not confer, transfer, or confirm ownership. Ownership passes through a registered sale deed and the chain of title behind it. Courts, including the Supreme Court of India, have consistently held that an entry in the revenue record is not proof of title. If the sale deed is defective, mutation does not cure it.
How long does mutation take in UP?
In an uncontested matter, mutation of agricultural land at the Tehsil typically takes four to eight weeks from the date of application. The Tehsildar issues notice to interested parties, allows an objection period, and then passes an order. Urban mutation with the municipal body generally follows a similar timeline, though it varies by the size and workload of the authority.
What if a co-sharer or the previous owner objects to the mutation?
A co-sharer or other interested party can file an objection before the Tehsildar during the notice period. The Tehsildar then hears both sides and passes a reasoned order. The order can be challenged in revision before the Sub-Divisional Magistrate or the Revenue Court. If the dispute is ultimately about title rather than records, that must be decided by a civil court, not the revenue authority.
Can agricultural land in UP be mutated if the buyer is not from an agricultural family?
Restrictions apply. The UP Revenue Code 2006 imposes limits on the purchase and mutation of certain categories of agricultural land — particularly land held by members of Scheduled Castes and Scheduled Tribes, where a transfer without the prescribed permission is void. The Tehsildar will verify the category of the holding before proceeding. If the transaction is void because a required permission was not obtained, mutation will not be ordered.
Is there a time limit for applying for mutation after registration?
The UP Revenue Code 2006 imposes an obligation to apply for mutation after a transfer, and undue delay creates complications. A subsequent purchaser of the same property may apply first and create a competing entry. As a matter of practice, mutation should be applied for immediately after the sale deed is registered, not deferred.
Does mutation apply to urban property or only agricultural land?
Both. For agricultural and rural land, mutation of the khatauni is handled by the Tehsildar under the UP Revenue Code. For urban property, the corresponding update is to the property tax record maintained by the municipal body — Nagar Nigam, Nagar Palika, or Nagar Panchayat, depending on the town. The process and fees differ, but the purpose is the same: placing the new owner's name in the official record.