Advocate Mohammad Kamran
- 10+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Mutation and Dakhil Kharij in Lucknow
Updating the revenue or municipal record after a transfer, so that the record reflects who now holds the property.
Property Law and Registration
What this covers
Mutation, known in Uttar Pradesh as dakhil kharij, is the entry by which a change of holder is recorded in the revenue or municipal record. It follows a sale, a gift, an inheritance, a partition or a decree, and it is what allows tax to be assessed on the right person and utilities and dues to be dealt with in the right name.
It is worth being precise about what mutation does and does not do. It records a change for fiscal and administrative purposes; it does not confer or prove ownership, which comes from the instrument of transfer and the chain behind it. An entry obtained on incomplete papers does not cure a defect in title, and an entry refused does not by itself destroy one. Both propositions matter, because a great deal of avoidable litigation begins with a misunderstanding of them.
Who this may assist
Who this service may assist
If your situation is not listed, it does not mean it cannot be dealt with. It means it should be discussed.
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A purchaser after registration
The sale deed is registered and the record still shows the seller.
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Heirs after a death
Property has devolved by succession and the record has to be brought up to date.
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Parties after a partition or gift
A family arrangement has been documented and the record must follow it.
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A person facing a contested mutation
Someone has objected to the entry, or an entry has been made that you dispute.
Scope
Typical matters handled
- Applications for mutation following a registered sale or gift
- Mutation following succession, including where more than one heir is entitled
- Mutation following partition, family settlement or a decree of court
- Objections to a proposed mutation, and replies to objections filed by others
- Contested mutation proceedings before the revenue authorities and appeals from them
- Correction of errors in existing entries, including in names, area and share
Process
How the work generally proceeds
The sequence varies with the facts and the forum. This is the usual shape of it.
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Step 01
Identifying the correct authority
Agricultural land goes before the revenue authorities under the applicable revenue law; urban property goes before the municipal body. Which applies depends on the property.
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Step 02
Assembling the basis of the application
The registered instrument, or the succession or partition document, together with the existing record and tax receipts.
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Step 03
Filing the application
With the supporting documents, and with the shares stated correctly where more than one person is entitled.
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Step 04
Dealing with notice and objections
Notice is generally issued to interested persons, and objections filed are answered on the record.
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Step 05
Obtaining and checking the entry
Once the order is passed, the updated record is obtained and checked, since errors at this stage are easier to correct immediately.
Preparation
Documents commonly required
Bringing what you have makes the first discussion considerably more useful. Missing items can be obtained later.
- Registered sale deed, gift deed or other instrument of transfer
- The existing revenue record extract, or municipal record for urban property
- Death certificate and documents establishing the heirs, where mutation is on succession
- Partition deed, family settlement or decree, where the change arises from one of those
- Latest tax receipts and any dues clearance
- Identity and address proof of the applicant, and details of other interested persons
Cautions
Common risks and mistakes
- Treating mutation as proof of titleIt is not, and relying on it as though it were is a recurring cause of loss for buyers.
- Delaying the applicationTime makes mutation harder, particularly where an intervening death or transfer has occurred and further parties become interested.
- Applying without identifying all heirsAn entry obtained without notice to persons entitled is exposed to challenge and can be set aside.
- Not checking the entry once madeErrors in area, share or spelling are common and much easier to correct at once than years later.
- Ignoring an objectionAn objection left unanswered can result in an adverse order that then has to be appealed.
See also
Related services
Reading
Related Guides
General information notes on this area. They are not legal advice.
The practice
Advocates
Each advocate of the firm is enrolled with the Bar Council of Uttar Pradesh and holds a Certificate of Practice.
Advocate Hamid Razzaq
- 15+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Advocate Mohd. Mateen
- 20+ Years of Legal Experience
- Enrolled with the Bar Council of Uttar Pradesh
- Certificate of Practice holder
Questions
Frequently asked questions
It depends on the authority, on whether objections are filed and on how complete the application is. An uncontested application on complete papers moves considerably faster than one where heirs have to be identified or an objection has to be tried. No fixed period can be promised.
An appeal or revision generally lies against an order in mutation proceedings, within a limited time. Obtain a certified copy of the order, because the ground of rejection determines whether the answer is an appeal, a fresh application on better papers, or a civil suit.
Yes. Registration records the transaction in the registration office; mutation updates the revenue or municipal record. They are separate, and a registered owner whose mutation is pending will still find the tax and utility records showing the previous holder.
Where property has devolved on several heirs, all of them are interested persons and are ordinarily entitled to notice. Proceeding without identifying them produces an entry that is vulnerable to being reopened.
Where the firm works
Lucknow and Uttar Pradesh Coverage
The firm's office is in Lucknow. Matters arising in other districts of Uttar Pradesh are conducted from Lucknow before the court, tribunal or authority that has jurisdiction over them. There is no branch office elsewhere. Which forum will hear a particular matter depends on its subject, its value and where the cause of action arose, and is confirmed before anything is filed.
This page is general information about an area of practice. It is not legal advice, and it is not an advertisement or a solicitation of work. Reading it creates no advocate–client relationship.
Procedures, limitation periods, court fees, stamp duty and government charges change, and what applies depends on the facts of the particular matter. Nothing here should be acted on without advice on your own documents, and no outcome is promised or predicted.
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