I seek your advice in respect of correction in the land record. A Khatauni is showing the incorrect name of my father so I want to correct his name in Khatauni. Due to the negligence, his name had wrongly entered in “khatauni”. It may create trouble when I’ll sell this land, hence, I want to correct the revenue record as soon as possible. What is the procedure in Uttar Pradesh land revenue code for correction in land records?
Question from: Noida (Civil law)
You can get a correction in the land record under the provisions of the U.P. Land Revenue Code. First, you should do some inquiry and inspect the revenue records. Sometimes mistakes occur during the revision or updation of the records. Therefore, the record (Khatauni) shows inconsistent information in its later versions.
When a mistake is reflecting in two versions of the same record then you can get correction by producing the certified copies of those records. No need to produce any additional evidence in support of that correction. The revenue officer will correct the latest version of that record with his remark.
The annual register is also known as “Khatauni” and the collector maintains it on the interval of six-year (section 33 of the U. P. Land Revenue Act 1901). Khatauni keeps the record of all persons who are cultivating or otherwise occupying the land. The annual register is an amended version of the record of rights (Khasra) which incorporates all changes or corrections occurred in the last six years.
Correction proceeding in Uttar Pradesh Land Revenue Code 2006
The procedure of correction in the land record has provided in section 32 & 38 of the Uttar Pradesh Land Revenue Code 2006. The Sub-Divisional Officer, Tehsildar or Revenue Inspector shall record all changes in the revenue records such as Khatauni, Khasra and Map etc. According to section 38, the Tehsildar shall receive the application for correction in the revenue records. Thereafter, he shall conduct an inquiry and refer the case along with his report to the Sub-Divisional Officer.
If a person has any objection against the proposed correction then he may file his object to the Sub-Divisional Officer (SDO). The applicant may produce any evidence in the support of correction. The SDO shall consider the report of Tehsildar, all the objections and the evidence thereupon he shall decide the case.
Appeal against the order of Sub-Divisional Officer
The person, who aggrieved from the order of Sub-Divisional Officer, can file an appeal to the Commissioner within thirty days from date of such order. The decision of Commissioner shall be final. However, a person who is still feeling aggrieved can file revision petition before the Board of Revenue under section 210 of the U.P. Land Revenue Code 2006.
The Uttar Pradesh Land Revenue code provides the explicit procedure to remove any irregularity in the revenue records. Land Revenue Code 2006 has consolidated entire proceedings towards revenue matters.
File an application for correction in khatauni
You should file an application in the court of Tehsildar for the correction in khatauni. The Tehsildar is the competent officer to accept an application for correction in land records. You file the application in the form of a civil suit and adduce all the evidence in support of correction. The evidence should be relevant and admissible.
- You may produce a certified copy of Khatauni, Khasra etc which are bearing inaccurate records.
- A copy of voter ID Card, high school certificate etc. to prove the correct name of your father.
Produce relevant evidence
You need a certified copy of the khatauni which is bearing the incorrect information. Take a certified copy of the exact Fasli year during which your grandfather died and property devolved on your father. This is an important piece of evidence to prove your father’s right in the property.
After taking of the certified copy of revenue record you should collect supportive evidence of the correct information. That evidence should tend to show that the information in the revenue record is incorrect. The Tehsildar will base his finding on the basis of that supporting evidence hence that evidence is the most important for you.
Tehsildar will conduct a preliminary enquiry about the mistakes occurred in the revenue records. He shall hold a preliminary inquiry to find out whether the correction in land record is necessary. Thereafter he shall prepare a report upon finding of that preliminary enquiry and he’ll refer the matter to the SDO (Sub Divisional Officer). If the correction is pertaining to the map then he shall refer the matter to the Collector.
The proceeding under section 32 & 38 of LR Code is a judicial proceeding so SDO shall decide the matter with formal judgment. This is a summary proceeding and it has no major legal technicalities in order to the correction of revenue record.
An application under section 32/38 should be accompanied by current khatauni that is duly certified by the Lekhpal. This procedure is generally called 32/38 Mukaddma.
Position before LR Act 1950
Prior to the commencement of the UP ZA & LR Act 1950, there were two records of rights for each village. One was “Khewat” and another was “Khatauni”. But, after the said Act of 1950, there are only one records of right remains in force i.e. khatauni. If any error occurred in khatauni after 1950 then you should take a certified khatauni for Fasli year 1362. Thereupon, produce that khatauni (Fasli year 1362) along with the application under section 33/39.