Mutation of government land occupied by parent on lease. We have a lease deed land from govt. Our father had expired and he had the possession on the land but construction is not done. Our mother has also expired. As legal heir me and my sister wants build one house of our own with housing plan. We do not want to do mutation. As we both are the only legal heirs. So if we get a housing plan shall we construct a house of our own. please advise.
Asked from: Uttar Pradesh
The term "mutation" typically refers to the process of updating land records to reflect changes in ownership or occupancy. When government land is leased to individuals or entities, any subsequent changes, such as transfer of lease or change in occupancy, may require a mutation of the land records. Here it is unclear about the nature of lease. whether it has been granted under the U.P. Zamindari Abolition and Land Reform Act (UPZA), or any other law. Our advice based upon the lease granted under UPZA.
The fact is that the land in question was granted by the Government on lease in favour of the original lessee. Upon the death of the original lessee, the leasehold rights do not automatically come to an end. Under the law applicable in Uttar Pradesh, the leasehold interest ordinarily devolves upon the legal heirs of the deceased, subject to the terms and conditions of the lease and the applicable statutory provisions. Where the lessee is survived by his legal heirs, they succeed to the leasehold rights in accordance with the provisions governing succession.
In the your case, after the death of the original lessee, his widow also passed away. The children, being the legal heirs, are in possession of the leased property. However, mere possession does not confer legal recognition of their rights in the Government records. Therefore, the first and foremost step is to have the leasehold rights recorded in their names by applying for mutation (Varasat) before the competent revenue authority or the authority maintaining the lease records. Mutation does not create title, but it formally recognizes the succession of the legal heirs and enables them to exercise the rights attached to the lease.
After mutation is sanctioned, the legal heirs should ensure that their names are also substituted in the records maintained by the authority that originally granted the lease, wherever such substitution is required. If the lease period has expired, they may also be required to seek renewal, regularisation, or execution of a fresh or supplementary lease deed, depending upon the terms of the original lease and the applicable Government policy.
The legal heirs should not proceed with construction merely because they are in possession of the land. Before raising any residential building, they must verify that the lease remains valid, that the lease permits residential construction, and that all necessary permissions or building plan approvals have been obtained from the competent authority. Construction made without recognition of succession or without the requisite statutory permissions may amount to a breach of the lease conditions and could expose the occupants to legal action.
Accordingly, under the law prevailing in Uttar Pradesh, the proper course is to first obtain mutation of the leasehold rights in favour of the legal heirs and complete any consequential substitution or renewal required under the lease. Only thereafter should they undertake construction of a house after obtaining all permissions prescribed under the relevant laws and regulations.
