Imagine you want to buy the land in Uttar Pradesh. It is one of your dreams to build a home. While working towards achieving your dream you should not forget one of the important aspects of buying land, i.e. Land Mutation. A process alien to none but mostly avoided by everyone.  

Land Mutation or Dakhil Kharij is the process of transferring the ownership of land from seller to buyer. If the mutation process is not done properly then the ownership of the property will not be transferred in your name, which would land you in grave legal disputes in future.  

To prevent these disputes in future, it is important to carefully follow the steps of the Land Mutation process. 

Lets get to know more about the Dakhil Kharij or Land Mutation in Uttar Pradesh! 

What is Land Mutation? 

Land Mutation is also known as Dakhil Kharij in Uttar Pradesh. It is the process of changing the ownership title of a land from one individual to another. It is done so that the local municipal corporation records the title of property under the new owner.  

Importance of Land Mutation 

Liability of Tax 

After the mutation process is completed, the taxation liability transfers from the seller to new owners.  

Transparency of Records 

It enhances the transparency of documents between the revenue department and the owners since the records are uploaded in public domain for easy access of both buyer and seller 

Facilitating Transactions 

Land mutation helps in facilitating transaction of property.  With up-to-date mutation records, there’s clarity of ownership, making the process of transfer of ownership a much more efficient and easier one. 

Prevention of Disputes 

Land mutation can prevent disputes over land ownership as the ownership details are already in the records and can be accessed anytime. This thereby reduces the chances of unlawful possession of land by people.

Types of Land Mutation 

1. Agricultural Land 

Mutation of agricultural land includes transfer of ownership title between people dealing with agricultural land. After the land mutation process is completed then only a person is recognized as a legal owner. It helps in availing government subsidies and schemes to the rightful owner. 

2. Non-Agricultural Land 

Land which is not used for the purpose of agriculture comes under this category. Land Mutation of these lands are required to pay property taxes and prevent disputes.  Mutation is not a compulsory process for non-agriculture land unlike in the case of Agriculture Land. 

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Documents required for Land Mutation 

1. Sales Deed: Sales deed is a legal document that acts as evidence of the transfer of ownership of property from seller to buyer. 
2. Death Certificates:  It is a legal document issued by government as proof of a person’s death. 
3. Succession Certificate: Succession certificate is issued by court certifying the legitimacy of the heir and their entitlement on the deceased assets. 
4. Copy of the will: Copy of a will is a written document that left by an individual regarding distribution of its assets and properties after death. 
5. Gift Deed: Gift deed is a legal document to transfer the ownership of property from one person to another without any consideration of payment. 
6. Court Order: It is applicable only if the land is disputed. The court order can either restrain you or allow you to buy the land.  
7. ID Proof: ID proof includes Aadhar card, pan card or passport of an individual 
8. Address Proof: Any utility bill or documents that has the current address. 
9. Property Tax Receipts: Property tax receipts are the receipts of the property taxes paid by the previous owner of the property before the transfer of ownership.  
10. NOC: This document is the declaration by the owner that there are no disputes, pending cases, etc. associated with any property. 

Must Read: How to Get Back Your Property from Illegal Possession?  

Land Mutation Process in Uttar Pradesh (Online and offline) 

Online Dakhil Kharij 

1. Go to UP Bhulekh website: Visit the UP Bhulekh website to start the online Land Mutation process. 
2. Mutation Service: Click on Mutation service on the site to avail the mutation process. 
3. Fill in the Application: Next step is to fill in the application for land mutation in UP. Fill in all the necessary details like property details and reason for mutation. Ensure to upload all the necessary documents such as sales deed, death certificate, ID proof, etc. 
4. Mutation Fee Payment: You can pay the mutation fee through online medium of payments. For transfer of ownership through sales deed, then the fees is Rs. 10,000 and in the case of transfer through inheritance, then the fees is Rs. 5,000. 
5. Submission of Application: You can submit the application after filling in the application and paying the mutation fee.   
6. Application Tracking Status: In the end you can use your application number to track the status of your land mutation application. 

Offline Dakhil Kharij 

1. Go to Tehsildar’s Office: The first step of offline Dakhil Kharij is going to the tehsildar’s office.
2. Fill the Mutation Form: Get the mutation form from the office. Then you can fill in all the necessary property information. 
3. Attach Required Documents: All the copies of required documents should be attached with the application form.
4. Pay the Mutation Fee: The mutation fee can be paid to the office after filling out the mutation form. For transfer of ownership through sales deed, then the fees is Rs. 10,000 and in the case of transfer through inheritance, then the fees is Rs. 5,000. 
5. Verification and Inspection: Then the department officials will verify the documents and inspect the property. 
6. Mutation Certificate Issue: In the end, the Mutation Certificate will be issued to you between 15 to 30 days. 

Difference between Land Mutation and Registration 

Registration 

1. The purpose of registration is to record property transactions for protecting the title and ownership of the land. 
2.  The registration of documents is managed by the Sub-Registrar of authority. 
3. This can serve as evidence of ownership, does not transfer it. 

Land Mutation 

1. The purpose of land mutation is to update the records to reflect the new owner's details. 
2. The process is managed by the local revenue department or tehsildars. 
3. In this process there is transfer of ownership and the new owner is responsible for the property tax and other liabilities. 

Challenges with Land Mutation

1. Corruption: One of the biggest challenges of Land Mutation in UP is the corruption in the system. Due to the system being corrupted, land mutation has become a hefty and cumbersome process for the public. 
2. Legal Dispute: The legal disputes of the property can hamper the land mutation. It will be a blockage in the process of transferring ownership, as disputes revolve around the ownership of the property. 
3. Delay in the Procedure: There could be a delay in the procedure because of incomplete documents submitted.  

Conclusion 

Land Mutation or Dakhil Kharij is a very crucial process for property owners. It facilitates and makes the transfers of ownership rights from one person to another a swift and concrete transfer. Along with this it helps in maintaining transparent records of land with the government, making your title and ownership well protected.  

Your property rights can be protected and the process made simpler with the necessary paperwork and protocol. The process can be made simpler by following the right procedures and providing the appropriate paperwork. 

To understand the process of mutation better and for your specific requirements, you can log on to Digilawyer.ai. It’s available around-the-clock and can answer all your legal doubts/question for free.