Paid Advise

Correction in land record kept under the uttar pradesh land revenue code

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Property

Reading Time:

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?

Asked from: Uttar Pradesh

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.

Khatauni

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.

Preliminary inquiry

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. 

Sir, my father name is Shamser Singh in all his documents except in in voter id card. The revenue record bears his name as Sher Singh. Sir due to this fault my father is unable to receive benefits from government schemes. Sir how can my father get his name to be corrected in revenue record. Sir as above mentioned problem what will be the exact solution.

Question from: Uttar Pradesh

Uttar Pradesh Land Revenue Code 2006 is prevailing in U.P. Section 38 devises a procedure to get correction in the land revenue record. Tehsildar has the power to correct any material defect in map, field book (Khasra), record of rights (Khatauni) etc. You should file an application to the Tehsildar along with all the evidence which tend to prove your father’s correct name.

The Tehsildar shall make an inquiry and prepare a report. Thereafter, he shall refer the case along with report to the Sub-Divisional Magistrate for decision on the case. The Sub-Divisional Magistrate may invite objection and examine the evidence then he will decide the case. This is the correct solution of your problem.


Father’s name is correct but my name is wrongly mentioned in khatauni: how to correct this?

Question: wrong name entered in land record how to correct father name is correct but our  name is wrong entered in khatauni or land records so please tell us how to correct enter my name in all records. 

Asked from: Uttar Pradesh

You should move an application to the Tehsildar under Section 32/38 of the Uttar Pradesh Land Revenue Code 2006 for correction in khatauni. Your name is incorrectly mentioned in the khatauni so you should adduce evidence like a copy of Aadhar Card/PAN/driving licence etc which proves your correct name. 

Identity card issued by the government is sufficient to prove the correct name of the applicant. The court shall admit this evidence and correct your name after receiving the report of Lekhpal.

0 Comments

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Can a tenant refuse to vacate an allotted house?

Question: Can a tenant refuse to vacate an allotted house? Our father had purchased 3 houses together in a colony, more than 50 years ago. Two on the ground floor, in which we were already living there on rent. And One house is on top of these two houses. A tenant...

First Name is missing in jamabandi 

Question: Respected Sir, I bought a flat in 2018. Now we had applied for renovation loan from bank and for that when we were collecting the required documents. It came to our knowledge that jamabandi had only my surname and operator missed to enter my first name in...

Can I transfer a demat account without a probate?

Question: Can I transfer a demat account without a probate? My father had made me (his son) as nominee on his demat account. However as per his will this account should be given to his grandson (my son). Bank wants a probate of the will. However as per his will this...

Can a mother gift self-acquired property to her grandson?

Question: My mother has a self-acquired property and also got property of my father. My father died in 2006 without making a Will.  However, the khatha has been transferred in my mother's name. We have a family of 3 people. Can a mother gift self-acquired property to...

Repossession of flat let out on rent since 1968 

Question: I own a flat of 600 sq ft in a cooperative housing society in ghatkopar west. Repossession of flat let out on rent since 1968. My grandmother had let it out in 1968, the rent was fixed at rs 120 pm and ever since then it continues till date. The share...

My father did not do mutation 

Question: My father did not do mutation after purchasing a land. A plot purchased by my father in 1991. He died in 2017 with no mutation etc done on this property due to some family disputes. Now I got information that this property of my father is sold and my family...

Can conveyance deed be done with the developer ?

Question: Cooperative Housing society is on 98 years leased land. Property is going for redevelopment. Can conveyance deed be done with the developer.?  Builder is going to give freehold ownership flats to tenants. Builder is asking us, who are the landowners, to do a...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54