Mutation or Dakhil Kharij

• Mutation means Change. It is known as Dakhil Kharij in popular terms.

• Whenever there is a change in the possession of the land Dakhil Kharij
proceeding is initiated.
• The name of one person is struck off the Annual Registers or Khatauni and
the name of another person is inserted.

Nature of Mutation Proceedings

• Under Para 911 of the Revenue Manual mutation has been mentioned to
be a judicial matter.
• Certain early judicial decisions and orders of the authorities point to the
contrary.
• In SUKHDEI v RAM BALI, 1984 the court held that, “The Mutation Court
is a summary court and its main purpose is not to leave any plot of
agricultural land without an entry in the Annual Register”
• In Bangalore Corporation v M Papaiyya, 1989, the court held that
“Revenue Record is not a document of ownership.”
• In Malkha Singh v Sohan Singh, 1986 the court articulated that mutation
proceedings do not decide the Rights and Titles of the Parties. It is always
open to the aggrieved party to get its rights adjudicated upon by a
competent court despite the order in mutation proceedings.
So, Mutation Proceedings begin whenever there is a change in the possession of
the land. The decision of the competent court is final and binding.
The Change in possession takes place in two ways- By Succession or by Transfer.

MUTATION ON GROUNDS OF SUCCESSION

• Where a person obtains the possession of any land by succession, the
Kanungo shall make such enquiry as may be prescribed, and if the
succession is not disputed record same in the annual register.
• It is the duty of the Supervisor Kanungo/ Land Records Officer that
whenever he comes to know about the death of a tenue holder, he must
enquire into the matter to strike off the names of the deceased and enter
the names of heirs.
 • Another Alternative provision is that every person obtaining possession of
any land by succession or by any transfer other than a succession or
transfer under 33A shall report such succession or transfer to the
Tahsildar. – Section 34
• The limitation period for such reporting is three months from obtaining
possession.
In such cases Tahsildar makes inquiry and directs the Annual Register to be
amended accordingly.
If the succession is disputed the Tahsildar disposes according to Section 40 and
then directs the annual registers to be amended.
Section 40 Settlement of disputes as to entries in annual register. –
(1) All disputes regarding entries in the annual registers shall be decided on
the basis of possession.

(2) If in the course of inquiry into a dispute under this Section the [Tahsildar]
[Substituted by U.P. Act No. 1 of 1951.] is unable to satisfy himself as to
which party is in possession, he shall ascertain by summary inquiry who is
the person best entitled to the property and shall put such person in
possession.
Explanation. - The term 'possession' in this Section means possession based on
succession or transfer.

Any person aggrieved by the order of the Tahsildar may file suit in the Civil or
Revenue Court having jurisdiction.

By the amendment of UP Land Laws -1975 there is different procedure for

disputed and undisputed succession.

MUTATION BY TRANSEFER
• Every person obtaining possession of any land by transfer must report
such transfer to the Tahsildar of the Tahsil where the land is situated.
 • The limitation period is three months from possession.
• In case of a lease, the period shall be counted from the date of obtaining
the possession.
• Transfer also includes family settlements.
• In Kale v Deputy Director, Consolidations- Compromise in the shape of a
family settlement between two daughters H and P and pre deceased
daughters son Kale was made. Names were mutated on the basis of
compromise. The parties remained in possession and paid the revenue
obligations. After 7 years disputed arose.
• The Supreme Court held that the family settlement was valid and
binding. Such settlement is always binding if it is prima facie Bona Fide
and Voluntary.

The 1975 amendment brought some major changes-

• Earlier the Tahsildar could only refer the mutation case on grounds of
transfer to collector who could dispose it.
• Tahsildar has no authority to decide mutations based on transfers.
Whether disputed or undisputed.
• The amending act, for mutation purposes removed the differences
between disputed and undisputed, transfer and succession.
• Now from the mutation order of the tahsildar, appeal lies to the Collector
and second appeal to the commissioner.

MANNER OF REPORTING AND PROCEDURE ON SUCH REPORT

• Every report to the Tahsildar u/s 34 shall be in writing.
• It shall be signed and dated by the person making it.
• Transfers by sale or gift, shall be accompanied by an affidavit from the
transferor to the effect that transfer doesn’t contravene Section 154 of
UPZA and LR 1950.
Report includes:
• Name of the Village where the land has been acquired.
• Name, Percentage, Residence of the person who acquires the land.
 • Description of the rights and the manner in which it has been acquired.
• The rent on which the right has been acquired.
• The Revenue or the rent of the land acquired.
The report may either be presented to the Tahsildar or sent by registered post.
Upon receiving the report and inquiry the tahsildar issues a proclamation under
Section 197 notifying that proceedings for mutation of names have been started.
The Proclamation shall specify:
• Name of the Village where the land has been acquired.
• Name, Percentage, Residence of the person who acquires the land.
• Description of the rights and the manner in which it has been acquired.
• The rent on which the right has been acquired.
• The Revenue or the rent of the land acquired.
And the date by which the objections can be filed. This date must not be less
than 30 days from the date of issue of proclamation.
The copy of the proclamation is served to – Transferor/ Co Sharer and the Bhumi
Prabandhak Samiti, simultaneously with the proclamation or within fifteen days.
The copy of the proclamation has to be pasted in the court house of the officers
issuing it – at the headquarters of the tahsil.

CONSEQUENCES OF FAILURE TO REPORT

A person who fails to report a change in the possession of land incurs two
disabilities-
1. Fines
2. Non Entertainability of the Suit- Section 34(5) “No Revenue Court shall
entertain a suit or application by the person so succeeding or otherwise
obtaining possession until such person has made the report required
under this section” This sub section does not debar civil or consolidation
courts to entertain such suits or claims.
KEY POINTS TO REMEMBER
Meaning of Dakhil Kharij (Mutation)
• "Dakhil Kharij" refers to the mutation of names in land revenue records.
• It is an administrative process to record changes in possession due to sale,
inheritance, gift, or other transfers.
• Managed by revenue authorities for fiscal and land management
purposes.

Why Dakhil Kharij Is Not Proof of Ownership

1. Administrative in Nature
• It is not a judicial determination of ownership or title.
• Carried out for updating land records and facilitating tax collection.
2. No Verification of Legal Title
• Mutation is done without thorough scrutiny of title deeds.
• It does not confirm legal ownership of the property.
3. Revenue Records Reflect Possession
• Revenue entries indicate who is in possession, not necessarily who
has legal title.
• Possession may be lawful or unlawful.
4. Not Conclusive in Court
• Courts do not treat mutation entries as conclusive proof of
ownership.
• Ownership must be established through registered sale deeds,
wills, or title documents.
How Legal Title or Ownership is Determined
1. Valid Title Deeds
• The core proof of ownership is a valid registered document:
o Sale Deed – In case of purchase.
o Gift Deed – In case of voluntary transfer.
o Will (Probated) – In case of inheritance.
o Partition Deed – In family settlements.
o Conveyance Deed – In case of development authority allotments.
Must be registered under the Indian Registration Act, 1908.

2. Chain of Title
• A continuous record of ownership from the first owner to the current
holder.
• Each transfer must be legally valid, and free from dispute or
encumbrance.
If there's a break or missing link, title can be disputed in court.

3. Mutation Records (Supportive, Not Conclusive)

• Dakhil Kharij or mutation entries show who is in possession for revenue
purposes.
• These support ownership claims but do not create title.

4. Encumbrance Certificate (EC)

• Issued by the Sub-Registrar, it shows if the property is:
o Mortgaged,
o Under litigation,
 o Free from legal/financial liability.
Important for verifying clear title before purchase.

5. Possession and Physical Control

• Actual possession is relevant but not enough.
• Must be accompanied by valid title documents.

6. Court Decree (if any)

• In disputed properties, ownership is confirmed through a civil court
decree.
• The decree must be final and binding (not under appeal).