मृत्यु के बाद दाखिल-खारिज: कौन-सा खसरा और किसका हिस्सा
A death is reported in your circle. The recorded tenure-holder, Ram Autar, died in March 2019, leaving a widow, two sons and a married daughter. Khatauni no. 0042 carries three khasras: 214 measuring 0.412 hectare (irrigated, entered in his name), 215/1 measuring 0.196 hectare (shown as banjar/ushar in the register), and 216 measuring 0.150 hectare, which the record shows as a village pond entered in the name of the Gram Sabha. No will is produced. The elder son files the mutation application and claims the entire holding, attaching a registered sale deed of 2017 in his favour for khasra 214, and an unregistered agreement to sell dated 2018 for khasra 215/1 signed by the deceased. He says his sister has no right because she is married and lives in another district. The widow objects that she was never served notice and that the daughter must get a share. The kanungo has already put up a draft dakhil-kharij in the elder son's name for the whole 0.758 hectare.
1. Which khasras can be mutated on Ram Autar's death, and what are the shares?
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Only khasra 215/1 (0.196 ha) is available for mutation on death.
Khasra 216 is recorded as a village pond in the Gram Sabha's name. A public-utility land of this kind does not devolve on individuals, so no dakhil-kharij can be opened for it at all.
Khasra 214 was conveyed by a registered sale deed in 2017, that is, during Ram Autar's lifetime. Title had already passed; what is needed is a separate mutation on the deed, not a death mutation. The fact that the record still shows the father's name is itself an entry to be corrected.
The draft covering 0.758 ha is therefore void on its face, and 0.608 ha of it should never have been in the application.
For 215/1, the widow, both sons and the married daughter are Class I heirs and take equal shares: 0.196 ÷ 4 = 0.049 ha each. Being married and living in another district is irrelevant to Class I succession. The daughter's automatic exclusion is the commonest error in these files and must be corrected in writing with reasons.
2. How should the registered sale deed and the unregistered agreement to sell be treated, and what does the contrast between them show?
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The registered deed of 2017 operates: for immovable property of value above ₹100, it is registration that gives the document legal effect, so khasra 214 stands transferred and the record must be corrected on the strength of that deed.
The 2018 agreement to sell is unregistered and is not a conveyance at all. Section 54 of the Transfer of Property Act requires a registered instrument for a sale of immovable property, and Section 17 of the Registration Act makes such a document compulsorily registrable. An agreement to sell creates no right, title or interest in the land; at most it supports a suit for specific performance, which is a civil remedy, not a basis for mutation. It cannot found a dakhil-kharij.
The contrast matters: the same applicant relies on a registered deed for one khasra and on an unregistered paper for another. That asymmetry is itself a ground for scrutiny, and it should be recorded in the order so that the reasoning is visible to any appellate authority.
3. Set out the procedure you would follow, including notice, the form of the order, and the remedies available.
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Register the case and issue written notice to every Class I heir, expressly including the married daughter - notice to the applicant and the objecting widow alone is insufficient, and failure to serve a necessary party is the defect that the widow has already pointed out.
Examine the khatauni, khasra and the registered deed, allow objections, and pass a speaking order recording each finding separately: why khasra 216 is excluded, why khasra 214 goes by deed, and how the 0.196 ha was divided into four shares of 0.049 ha. Reject the kanungo's draft with reasons rather than silently replacing it.
Serve the order on all parties and note the remedy on its face: an aggrieved party may appeal to the Sub-Divisional Magistrate/Assistant Collector under the UP Land Revenue Act, and a revision lies to the Commissioner. Send a separate report on khasra 214 so the record is corrected on the deed. Nothing should be done on an oral request from the Pradhan or anyone else; the file must show written reasons at every step.