Gaurav 30 August 2015

Land mutation (dakhil khariz)

Dear realestate community,

I recently purchased a plot in Roorkee, Uttaranchal. we successfully completed the registration process but now we are told that last process of Dakhil Khareez also need to be completed. Which would cost about 1% of registration cost and this money would go to some Patvari who would delete the old owner name and put the new owner's name.

Confusion is some people are saying that Dakhil Khareez is needed and some are saying that it is not needed. Even lawyers seems to be confused on whether for sure it is needed.

So please confirm whether it is required. If one doesn't go for this process then what are the legal issues associated to not having Dakhil Khareez.

What land act, if any, ask for this process to be completed?

I appreciate any feedback on above.

thank you and God bless.

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1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 30 August 2015

Mutation (in Hindi Dakhil-Kharij) is the recording of a transfer of title of a property from one person to another in the revenue records. Registration is one part and mutation is second. After registry, mutation is needed. Mutation is a Must. It is because of mutation that your name (as the owner of house) comes in Nagar Nigam Records. Compensation is given to farmers based on the mutation records and not on the registry records. If person ‘A’ has registry in his name of a piece of land AND for the same land mutation is in the name of person ‘B’, then Government will give compensation to person ‘B’ and not ‘A’.
For mutation, approach Anchal/Block Office of the area where the land is situated with mutation charges and application on a plain paper, along with Non-judicial Stamp of maximum of Rs. 5/- containing the following information (i) the name of the village in which the right has been acquired; (ii) the descripttion of the right acquired; (iii) the name, parentage, caste and residence of the person from whom the right has been acquired; (iv) the manner in which the right has been acquired; (v) the name, parentage, caste and residence of the person who has acquired the right; and (vi) the date on which the right was acquired. Copy of document on the basis of which the mutation is sought e.g. Sale Deed, Will etc.

On your application, Circle Officer has to act within a month that is either he accept your application or reject it on some technical ground but when he reject your mutation application on technical ground, he shall communicate the reason thereof. Otherwise consult a local lawyer. He will take of.