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TN

# Tamil Nadu Estate Guide

Complete legal reference for Islamic estate execution in Tamil Nadu. Covers stamp duty, registration, court fees, documentation, and step-by-step timelines.

Chennai

Capital

5.9%

Muslim Population

## Stamp Duty Rates

Last updated: March 2026

Instrument | Rate | Notes
--- | --- | ---
Will Registration | Flat ₹150 | Among the lower rates in India
Sale Deed (Property Transfer) | 7% of guideline value | 4% for women purchasers. Additional 4% registration fee.
Gift Deed | 7% of guideline value | 1% if gift is to family member (spouse, children, grandchildren, parents)
Power of Attorney | ₹100 to ₹10,000 | Varies based on whether it involves immovable property transfer
Affidavit | ₹20 | On non-judicial stamp paper

## Registration Process

1

Draft the will in Tamil or English. Include full details of all assets with survey/sub-division numbers for immovable property.

2

The testator signs or marks the will on every page in the presence of two witnesses who also sign.

3

Book an appointment online at the Sub-Registrar office through the TNREGINET portal (tnreginet.gov.in).

4

Present at the appointed time with the original will, two copies, Aadhaar-linked ID proofs, PAN, and passport-sized photographs.

5

The Sub-Registrar verifies identities using biometric Aadhaar authentication, records video statements, and photographs all parties.

6

The will is scanned, digitized, and assigned a unique registration number in the TNREGINET database.

7

Original is returned. Certified copies can be obtained through the TNREGINET portal from any Sub-Registrar office in Tamil Nadu.

Sub-Registrar Information

Sub-Registrar's Office under the Inspector General of Registration, Government of Tamil Nadu. Online services: tnreginet.gov.in.

Fees

Registration fee of ₹200 plus stamp duty of ₹150. Document handling and scanning charges of ₹100. Total approximately ₹450.

## Court Fees

Probate

Ad valorem: 2% on estate value up to ₹50,000, then 1% on the balance. Maximum court fee capped at ₹50,000.

Letters of Administration

Same rates as probate. Filed when executor is not named or cannot act.

Succession Certificate

3% of the value of debts and securities. Cap of ₹1,00,000 on court fees. Issued by the District Munsif or District Court. Chennai courts process in 3-4 months.

## Required Documents

### Original Will (stamped & signed)

Required

The original stamped and signed will of the deceased with witness signatures. Photocopies are not accepted by most Sub-Registrar offices.

### Death Certificate of Testator

Required

Death certificate issued by the municipal corporation or gram panchayat. Must be an original or certified copy from the issuing authority.

### Aadhaar Card of Executor

Required

Valid Aadhaar card of the appointed executor or administrator for identity verification at all government offices.

### PAN Card of Executor

Required

PAN card of the executor, required for estates exceeding the income tax threshold and for property mutation processes.

### Property Title Documents

Required

Original title deeds, sale deeds, gift deeds, or khata/patta extracts for all immovable properties mentioned in the will.

### Aadhaar/ID Proof of All Heirs

Required

Aadhaar cards or other valid government-issued photo ID of every heir and beneficiary named in the will.

### Encumbrance Certificate (EC)

Required

EC for all immovable properties for the last 13 years, obtained from the Sub-Registrar office where the property is registered.

### Witness ID Proofs

Required

Photo ID proofs of the two attesting witnesses who were present at the time the will was signed.

### No Objection Certificates from Heirs

Optional

NOCs from all legal heirs consenting to the distribution as outlined in the will. Notarized affidavits are preferred by courts.

### Succession Certificate

Optional

Succession certificate from the District Court, required for movable property (bank accounts, shares, FDs) if the institution demands it.

### Patta (Land Ownership Certificate)

Required

Patta from the Revenue Department showing ownership of land and buildings in Tamil Nadu. Online patta (e-patta) available via eservices.tn.gov.in.

### Chitta and Adangal

Optional

Revenue records (Chitta for ownership, Adangal for cultivation details) for agricultural properties in Tamil Nadu.

## Execution Timeline

1

### Obtain Death Certificate

1-2 weeks

Apply at Chennai Corporation, municipality, or town panchayat. E-Sevai centres across Tamil Nadu process applications within 7 working days.

2

### Locate and Authenticate Will

1-3 days

Retrieve from TNREGINET portal (if registered) or personal records. Verify authenticity with attesting witnesses.

3

### Notify All Legal Heirs

1-2 weeks

Send formal notices by registered post to all heirs, including those in other states or countries.

4

### Obtain Legal Heir Certificate

2-4 weeks

Apply at the Revenue Divisional Office (RDO) or through E-Sevai centres. Requires two witnesses and death certificate.

5

### Apply for Succession Certificate

3-4 months

File petition at the District Munsif Court. Chennai courts process faster. Required for bank accounts exceeding ₹1 lakh at most institutions.

6

### Property Mutation (Patta Transfer)

4-8 weeks

Apply at the Taluk Office or through the TNREGINET portal for transfer of patta to legal heirs.

7

### Bank and Financial Claims

2-4 weeks

Submit documentation to banks. Nationalised banks in Tamil Nadu typically require succession certificate for amounts above ₹1 lakh.

8

### Business Asset Transfer (if applicable)

4-12 weeks

For business families, transfer partnership interests, proprietorship licences, shop establishment registrations, and GST registrations to heirs.

9

### Tax Clearance

2-4 weeks

File final income tax return of the deceased and obtain no-dues certificate from the income tax department.

10

### Final Shariah Distribution

1-2 weeks

Execute Shariah-compliant distribution per the will and obtain signed receipts from all beneficiaries.

## Key Legislation

### Muslim Personal Law (Shariat) Application Act, 1937

Section 2

Mandates that Muslim personal law applies to intestate succession, wills (wasiyyah), gifts (hiba), and waqf for Indian Muslims.

### Indian Succession Act, 1925

Sections 57-74

Governs testamentary succession for Muslims. Section 59 sets testamentary capacity; Section 63 prescribes execution formalities; Section 213 exempts Muslim wills from mandatory probate.

### Registration Act, 1908

Section 18

Will registration is optional but highly recommended. Section 18 permits voluntary registration at the Sub-Registrar office, providing stronger evidentiary value.

### Indian Stamp Act, 1899

Schedule I, Article 64

Prescribes stamp duty for wills. Most states charge a nominal flat fee for will registration, though property transfer instruments attract ad valorem duty.

### Transfer of Property Act, 1882

Sections 5, 122-129

Governs transfer of property by act of parties. Relevant for gift deeds (hiba) and bequests (wasiyyah) involving immovable property.

### Tamil Nadu Court Fees and Suits Valuation Act, 1955

Schedule I, Article 11

Governs court fees for probate, letters of administration, and succession certificate petitions in Tamil Nadu courts.

### Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961

Various sections

Imposes ceiling limits on agricultural land ownership. Excess land is liable for government acquisition. Relevant for large agricultural estates.

## Common Pitfalls

Not separately documenting business interests — Chennai and Madurai Muslim families often hold significant wealth in trading businesses, textile units, and manufacturing that require partnership deed amendments and GST registration transfers.

Failing to account for guideline value differences between the will date and the execution date, which can significantly affect stamp duty on property transfers.

Ignoring benami property risks — ensure all properties are legally in the testator's name before including them in the will.

Not documenting jewelry and gold held in bank lockers — Tamil Nadu courts require separate disclosure and inventory of locker contents during succession proceedings.

Overlooking ancestral business goodwill and trade reputation as a distributable asset in family trading concerns.

## Pro Tips

Use the TNREGINET online portal for will registration — it maintains a permanent digital record and enables certified copies from any Sub-Registrar office in Tamil Nadu.

For business families, include a detailed business succession plan within or alongside the will, specifying partnership continuation or dissolution terms and GST implications.

Document all gold and jewelry with photographs, certified weight, and approximate valuation — maintain a separate inventory updated annually.

For properties in Chennai, always verify the guideline value on the Registration Department website before including property valuations in the will.

Consider executing the will in both Tamil and English to avoid translation disputes and facilitate smoother processing in courts, banks, and revenue offices.

## Related State Guides

KA

### Karnataka

Bengaluru

Muslim Pop: 12.9% (2011 Census)

KL

### Kerala

Thiruvananthapuram

Muslim Pop: 26.6% (2011 Census)

AP

### Andhra Pradesh

Amaravati

Muslim Pop: 9.6% (2011 Census)

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