What is Dakhil Kharij- It's Process and Benefits

Let's talk about land ownership and property rights in India, which are especially important when dealing with agricultural land. One key process to know about is Dakhil Kharij. It helps keep land records clear and legal to make sure everything is transparent for both landowners and buyers.

In this blog, we will break down what Dakhil Kharij is, why it matters, and everything you need to know about it. Stick with us as we guide you through the process!

What is Dakhil Kharij and it's types?

"Dakhil Kharij" (mutation of land records) is the legal process of updating land records when there is a change in ownership or land use.

This is important to keep the records accurate, especially when there's a transfer of ownership, inheritance, division of land, or any other change in how the land is owned or used.

While it's mostly used for agricultural land, it can apply to other types of land, too.

The state's revenue department or land authority handles this process, ensuring land records are correct and up to date. This helps avoid disputes and makes land transactions smoother.

In India, there are two main types of Dakhil Kharij (land record changes): one for agricultural land and one for non-agricultural land.

1. Agricultural Land Mutation: This deals with changes to records of farm-related properties like farms, orchards, and other agricultural land. These changes could include ownership transfer, inheritance, dividing or merging land, correcting mistakes, or changing land use. The state government's revenue department handles these changes, following specific laws for agricultural land.
2. Non-agricultural Dakhil Kharij – This applies to non-agricultural land like residential, commercial, industrial, or empty plots. Similar processes, like ownership transfer, changing land use, and correcting errors, apply. However, the rules for non-agricultural land may differ based on the state or region's laws.

What is the Dakhil Kharij Certificate?

A Dakhil Kharij certificate is an important paper given by the revenue department of an Indian state. It shows that changes have been made to land records through the Dakhil Kharij process.

This certificate has the latest details about who owns the land, its boundaries, how it is used, and other key information.

In simple terms, the Dakhil Kharij certificate proves that the transfer of property has been legally completed in the new owner's name. This helps keep land transactions clear and legal, making it easier to buy, sell, lease, or mortgage the property.

The certificate also confirms that the updated land records are correct and real, which ensures that the land transactions are trustworthy and transparent.

What are the benefits of Dakhil Kharij?

1. Dakhil Kharij helps make sure land records follow the law. It keeps records accurate and updated, showing who owns or uses the land at any time.
2. By keeping land records up to date, Dakhil Kharij helps stop arguments over who owns or uses the land. Clear and correct information can prevent unnecessary fights and legal issues.
3. Having accurate land records makes buying, selling, or transferring land easier. Clear records of ownership help make the process smooth for everyone involved.
4. Dakhil Kharij improves openness in land matters by making updated records available to the public. This builds trust in the system by ensuring fairness and accountability.

Documents required for Dakhil Kharij

• Application Form
• Identity Proof
• Proof of Ownership
• Sale Deed
• Revenue Records
• NOC (No Objection Certificate)
• Proof of Payment
• Affidavit
• Other Supporting Documents as needed.

What is the difference between Registration and Dakhil Kharij or Mutation?

The terms Registration and Dakhil Kharij (also known as Mutation) refer to different processes in property transactions and ownership documentation, though both are essential for transferring or updating property records. Here’s a breakdown of their differences:

1. Registration

• What it is: Registration is the formal process of recording a property transaction (such as a sale, gift, or lease) with the government or local authority, typically at a sub-registrar's office.
• Purpose: It legally documents the transfer of ownership from one party to another. After registration, the new owner’s name is officially recorded as per the Sale Deed or other legal instruments.
• Process: Once a property transaction is completed (e.g., a sale deed is signed), it is submitted for registration. The sub-registrar’s office keeps the transaction records.
• Legal Standing: Registration is essential to make a transaction legally binding and enforceable in court. Without registration, the sale or transfer might be considered invalid in the eyes of the law.

2. Dakhil Kharij (Mutation)

• What it is: Mutation, also known as Dakhil Kharij, is the process of updating revenue records or land records after a property transfer. It ensures that the new owner’s name is reflected in the official land or property records maintained by the local revenue department.
• Purpose: Mutation is necessary to update municipal or revenue records to reflect the name of the new owner. This is important for tax purposes, such as paying property tax, and for other civic purposes.
• Process: After registering the property, the new owner must apply for mutation with the local authority. The revenue records are updated with the new owner’s name, allowing the new owner to be recognized for property taxes and other administrative purposes.
• Legal Standing: While registration makes the transfer of ownership legally valid, the mutation is more for revenue and administrative purposes. Failing to mutate a property doesn't affect ownership, but it can cause problems in paying property taxes or proving ownership in some administrative processes.

Key Differences:

Both processes are critical for the smooth transfer of property and for ensuring that the new owner is legally and administratively recognized.

How do we get the online/offline status of Dakhil Kharij?

To check the status of Dakhil Kharij (land mutation), follow these steps:

1. Go to your state's official land records website.
2. Find the option to check Dakhil Kharij status or land mutation.
3. Enter the needed details like district, zone, financial year, case number, or deed number.
4. If asked, log in or register on the portal.
5. Type in the captcha code and login.
6. Provide any extra details, such as username, password, or property info.
7. Search for your application status and property details.

If you prefer, you can also visit your local registrar's office or revenue department to check the Dakhil Kharij status in person. You can apply there to get the details.

Make sure the Dakhil Kharij process is done under the supervision of the sub-registrar or revenue department to ensure the legal transfer of property ownership.

FAQs

1. Is Dakhil Kharij and mutation the same?

A mutation certificate, which is also known as 'Dakhil Kharij,' is an official document that proves the transfer of property ownership.

2. Why is Dakhil Kharij mandatory?

Dakhil Kharij is crucial to maintaining accurate and up-to-date land records. It helps to prevent disputes, facilitates smooth land transactions, and ensures legal compliance.

3. What is Dakhil Kharij in English?

Dakhil Kharij means, in English, the Mutation of property. It comes in two forms in India: one is an agricultural land mutation, and the second is a non-agricultural Dakhil Kharij.

4. How to stop Dakhil Kharij?

Dakhil Kharij cannot be stopped without a court order.

5. What is the time limit for the Mutation of land in UP and Haryana?

The Dakhil Kharij, or mutation process and verification of land in UP and Haryana, is completed within 15-30 days.

6. In case the owner of the title holder dies, which documents are required for Dakhila Kharij?

• Death Certificate
• Succession Certificate or Legal Heir Certificate
• Copy of the Will (if applicable)
• Power of Attorney (if applicable)
• Affidavit of Succession
• NOC from Legal Heirs
• Identity Proof of Legal Heirs