- Section 33 vs Section 35: Section 33 covers undisputed succession via RC Form-9 (Pa-Ka 11). Section 35 covers mutation by Will or disputed claims via RC Form-11 before the Tehsildar.
- Will Cannot Use Normal Varasat: If you claim agricultural land under a Will, you cannot apply through simple uncontested Varasat on vaad.up.nic.in. You must file under Section 34/35.
- Distinct Succession Order: Agricultural land in UP does not follow the Hindu Succession Act. It follows the special succession ladder in Section 108 and Section 110 of the UP Revenue Code, 2006.
- Married Daughters: Under Section 108, married daughters inherit agricultural land only when there are no surviving sons, widows, or direct male descendants.
- SC/ST Bequest Restrictions: Under Section 107, a Scheduled Caste or Scheduled Tribe landholder cannot will agricultural land to a non-SC/ST person. Such Wills are void by law.
- Online Portal: Applications must be filed on the Revenue Court Computerized Management System (RCCMS) at vaad.up.nic.in and linked to Bhulekh land records.
In Uttar Pradesh, when a landholder passes away, transferring their agricultural land to legal heirs is called Varasat or Fauti Namantaran. Every month, thousands of families across Lucknow, Varanasi, Gorakhpur, Prayagraj, Kanpur, Agra, Noida, and Meerut search for the UP Varasat online application process.
Families want their names entered in the village Khatauni (Record of Rights). Without an updated Khatauni, heirs cannot sell the land, take farm loans, or claim government crop benefits. The Uttar Pradesh government digitized this process on the portal vaad.up.nic.in.
Yet, thousands of applications face delays or rejection. The most common mistake happens when families apply for uncontested Varasat on the basis of a Will. The Lekhpal marks the file as disputed. The application stalls for years. In this guide, we break down the exact difference between Section 33 and Section 35, the succession order under Section 108 and Section 110, and step-by-step portal rules. To check your document today, use our free will validity checker or learn how to draft a legal Will online.
1. Understanding UP Varasat & Uttar Pradesh Revenue Code
To navigate land succession in Uttar Pradesh, you must understand the governing statute. The Uttar Pradesh Revenue Code, 2006 replaced older British and post-independence laws, including the UP Zamindari Abolition and Land Reforms Act, 1950 (UPZALR Act) and the UP Land Revenue Act, 1901.
Under the UP Revenue Code, landholders are called Bhumidhars. A person can be a Bhumidhar with Transferable Rights or Non-Transferable Rights. When a Bhumidhar dies, their land rights do not transfer automatically. A formal mutation order must be passed by revenue authorities.
When a Bhumidhar or Asami dies and there is no dispute regarding succession, the Revenue Inspector shall direct mutation in the Record of Rights (Khatauni) in accordance with the provisions of Section 108, 109, or 110 in RC Form-9.
Varasat is the legal procedure where the names of legal heirs replace the deceased owner in village land records. This update takes place in Khatauni under Khata and Khasra numbers. You can verify your current Khatauni status anytime on the official portal upbhulekh.gov.in.
2. Section 33 (RC Form-9 / Pa-Ka 11) vs Section 35 (RC Form-11)
The single biggest reason for confusion in UP revenue offices is mixing up Section 33 and Section 35. These two sections serve completely different legal purposes.
Section 33 deals strictly with undisputed intestate succession. If the deceased person left no Will and all family heirs agree on their natural shares, the case falls under Section 33. The local Lekhpal visits the village, confirms the family tree, and prepares a report in RC Form-9, commonly known as Pa-Ka 11 (प क 11). The Revenue Inspector (Kanoongo) then approves the mutation without a courtroom trial.
Where a report under Section 34 relates to a transfer, a testamentary bequest (Will), or a disputed succession, the Tehsildar shall issue a 30-day proclamation and decide the case on merits after hearing the parties in RC Form-11.
If an heir claims land under a Will, or if a brother objects to a sister's share, the matter moves out of Section 33. It becomes a regular revenue court case under Section 35. It must be filed in RC Form-11 before the Tehsildar or Naib Tehsildar. The Tehsildar issues a 30-day public notice (ishtaahar) inviting objections from the public.
If you face a dispute over property mutation or need legal defense against an unfair objection, consult our expert advocates at Property Mutation & Dakhil Kharij Services.
3. Mutation by Will: Why Section 107 Cannot Use Normal Varasat
Many applicants log into vaad.up.nic.in, click on "Online Varasat", and upload their father's Will. This is a critical legal mistake. Online Varasat on the portal is designed solely for uncontested succession under Section 33.
Under Section 107 of the UP Revenue Code, 2006, a Bhumidhar with transferable rights can bequeath their land by Will. But a Will is a private testamentary document. A Lekhpal or Revenue Inspector has no legal power to judge whether a Will is genuine, forged, or revoked. Only the Tehsildar court has the jurisdiction to test a Will under Section 35.
When you attach a Will to a normal Varasat application, the Lekhpal must mark the application as "विवादित" (disputed). Your file gets locked, and you are forced to start over as a contested case.
Unlike urban flats or bank deposits, agricultural land in Uttar Pradesh carries strict social protection rules. Under Section 107(2), a Bhumidhar belonging to a Scheduled Caste cannot bequeath their land to any person who does not belong to a Scheduled Caste. Under Section 107(3), a Scheduled Tribe Bhumidhar cannot bequeath land to a non-ST person. Any Will written in violation of these sections is void from the start, and the Tehsildar will reject the mutation.
If you need to contest a suspicious Will or file a caveat to protect your inheritance, speak to our courtroom litigation lawyers at Will Dispute & Caveat Lawyer Services.
4. Agricultural Succession Order: Section 108 vs Section 110
A common misconception in India is that the Hindu Succession Act, 1956 applies uniformly to all land. For agricultural land, state land tenure laws govern. In Uttar Pradesh, succession follows Section 108 for male landholders and Section 110 for female landholders.
The agricultural succession order under Section 108 differs significantly from general civil law:
- First Line of Succession (Equal Shares): The widow, third-gender spouse, sons, and unmarried daughters inherit together per stirpes. If a son died earlier, his widow and children take his share.
- The Married Daughter Rule: Under Section 108, married daughters do not inherit equally with sons. A married daughter inherits only if there are no surviving sons, widows, or children of deceased sons. This surprises many families who assume the 2005 Hindu Succession Act amendment applies to UP agricultural holdings.
- Second Line of Succession: If there are no sons, widows, or unmarried daughters, the land passes to the mother and father in equal shares.
- Third Line of Succession: If parents are not alive, succession moves to brothers, unmarried sisters, and sons of deceased brothers.
Section 110 governs succession when a female Bhumidhar dies. The law traces the source of her title. If she inherited the land from her husband or father-in-law, the land passes back to the legal heirs of her husband. If she inherited from her father, it passes back to her father's heirs. If she bought the land with her own earnings, it passes equally to her sons, daughters, and husband.
5. Statutory Comparison: Section 33 Form-9 vs Section 35 Form-11
The table below summarizes the key differences between uncontested Varasat and mutation by Will under the UP Revenue Code, 2006:
| Legal Check | Uncontested Varasat (Sec 33) | Mutation by Will / Dispute (Sec 35) |
|---|---|---|
| Governing Section | Section 33 UP Revenue Code, 2006 | Section 34 & 35 UP Revenue Code, 2006 |
| Statutory Form | RC Form-9 (Pa-Ka 11 / प क 11) | RC Form-11 (नामान्तरण वाद) |
| Deciding Authority | Revenue Inspector (Kanoongo) | Tehsildar or Naib Tehsildar Court |
| Basis of Claim | Undisputed natural legal heirs (Sec 108/110) | Registered or unregistered Will, or family dispute |
| Proclamation Period | No public proclamation needed | Mandatory 30-day public notice (ishtaahar) |
| Witness Examination | Village verification by Lekhpal | Attesting witnesses examined under Sec 68 |
| Average Time | 15 to 45 business days | 3 to 9 months (or longer if appealed) |
6. Step-by-Step vaad.up.nic.in Varasat Online Application Guide
To submit an uncontested Varasat application for agricultural land in Uttar Pradesh, follow these six steps:
Visit the official portal vaad.up.nic.in. Select the service named "ऑनलाइन वरासत (खतौनी में नाम दर्ज करने हेतु आवेदन)". Register using your mobile number and OTP.
Fill in the applicant's name, father's or husband's name, Aadhaar number, and residential address in Uttar Pradesh.
Enter the deceased landholder's full name, date of death, death certificate number, and marital status at the time of demise.
Select your District, Tehsil, Pargana, and Village. Choose the Khatauni Khata number. The system pulls all Gata and Khasra plots tied to that Khata.
Add each surviving legal heir strictly per Section 108 or 110. List their name, age, relationship to the deceased, and residential address.
Submit the form and save your Computerized Case Number (कंप्यूटरीकृत वाद संख्या). The Lekhpal verifies the village register within 15 days, and the Revenue Inspector issues the Pa-Ka 11 order.
7. Key Documents Required for Khatauni Mutation in UP
To avoid portal rejections and Lekhpal objections, gather these verified documents before applying:
- Official Death Certificate: Issued by the Municipal Corporation (Nagar Nigam), Nagar Palika, or Rural Panchayat registrar under the Registration of Births and Deaths Act.
- Recent Khatauni Extract: A certified RoR copy downloaded from upbhulekh.gov.in showing the deceased as recorded Bhumidhar.
- Kutumb Register Nakal: Family register copy issued by the Gram Panchayat or Block Development Officer verifying surviving family members.
- Aadhaar Cards of All Heirs: Government identification proving name, father's name, and address for every listed heir.
- Self-Declaration Affidavit: An affidavit on non-judicial stamp paper stating there is no dispute or pending civil litigation over the holding.
- In Case of Mutation by Will (Sec 35): Original registered Will, certified copy from the Sub-Registrar Office, and affidavits from two attesting witnesses.
8. Model Legal Objection & Mutation Petition Clauses
If you need to file an objection against an illegal Varasat or petition for mutation under a registered Will, use these tested clauses:
Note: File this objection before the Tehsildar within 30 days of the Lekhpal report.
Note: Attach certified copies of the Will and the death certificate along with RC Form-11.
9. Professional Legal Solutions for UP Land Revenue Succession
Navigating land records and revenue courts in Uttar Pradesh requires strict adherence to statutory rules. Whether you are applying for online Varasat, probating a family Will, or defending your ancestral land against fraudulent claims, professional legal backing protects your family wealth.
To draft a legally solid Will covering your agricultural land and urban assets, start your draft online in minutes at WillDrafting.in. Our guided engine ensures full compliance with Section 63 of the Indian Succession Act, Section 107 of the UP Revenue Code, and personal religious laws.
If your Varasat application has been marked disputed or you need expert representation before the Tehsildar, Sub-Divisional Magistrate (SDM), or Board of Revenue, consult our specialized lawyers at Property Mutation & Dakhil Kharij Services. For contested estates and caveat filings, speak with our litigation advocates at Will Dispute & Caveat Lawyer Services. We also assist with High Court probate petitions at High Court Probate Lawyer Services.
To schedule an advocate consultation for your property matter, visit our consultation portal at AMA Legal Solutions.