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UP

# Uttar Pradesh Estate Guide

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

Lucknow

Capital

19.3%

Muslim Population

## Stamp Duty Rates

Last updated: March 2026

Instrument | Rate | Notes
--- | --- | ---
Will Registration | Flat ₹200 | Under UP Stamp Act
Sale Deed (Property Transfer) | 7% for men, 6% for women | 1% concession for women buyers. Additional 1% registration fee.
Gift Deed | ₹5,000 for family members | Concessional flat rate for gifts between blood relatives. Full 7% for unrelated recipients.
Power of Attorney | ₹100 to ₹10,000 | Varies based on whether it involves immovable property transfer
Affidavit | ₹10 | On non-judicial stamp paper

## Registration Process

1

Draft the will in Hindi, Urdu, or English. Include complete property details with khasra/khatauni numbers for agricultural land and plot numbers for urban property.

2

The testator signs the will on every page before two witnesses. All parties must have Aadhaar cards for biometric verification.

3

Book an appointment through the IGRS UP portal (igrsup.gov.in) or visit the jurisdictional Sub-Registrar office.

4

Submit the original will with two copies, Aadhaar, PAN, passport photographs, and prescribed registration fees.

5

Biometric verification (Aadhaar-based fingerprint and photograph) of the testator and witnesses at the Sub-Registrar office.

6

The will is digitally stored in the IGRS UP database and a unique registration number is issued.

7

Original will is returned with a registration endorsement. Certified copies can be obtained from any Sub-Registrar office in UP via the portal.

Sub-Registrar Information

Sub-Registrar's Office under the Inspector General of Registration, Government of Uttar Pradesh. Online services: igrsup.gov.in.

Fees

Registration fee of ₹200 plus stamp duty of ₹200. Processing charges vary by district. Total approximately ₹500-700.

## Court Fees

Probate

Ad valorem: 2% on the first ₹1 lakh, then 1% on the balance. Maximum court fee of ₹75,000 under the UP Court Fees Act.

Letters of Administration

Same rates as probate. Filed in the District Court having territorial jurisdiction over the deceased's last residence.

Succession Certificate

3% of the value of debts and securities. UP District Courts typically take 4-8 months due to severe case backlogs.

## 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.

### Khatauni (Land Revenue Record)

Required

Khatauni extract from the Bhulekh portal (upbhulekh.gov.in) showing ownership of agricultural land. Must be from the current fasli year's records.

### Circle Rate Certificate

Optional

Current circle rate certificate from the Sub-Registrar for urban properties, required for stamp duty calculation during property transfer.

## Execution Timeline

1

### Obtain Death Certificate

1-3 weeks

Apply at the municipal corporation or gram panchayat. E-Nagarpalika portal available for urban areas in select districts.

2

### Locate and Verify Will

1-5 days

Check IGRS UP portal for registered wills. Many UP families keep wills with community leaders, maulvis, or family advocates.

3

### Notify All Legal Heirs

1-3 weeks

Formal notification is critical for large UP families. Send registered post notices to all heirs including those who have migrated to Delhi, Mumbai, or Gulf countries.

4

### Obtain Legal Heir Certificate

3-6 weeks

Apply at the Tehsildar's office. UP's e-District portal allows online application but processing times are often significantly delayed.

5

### Apply for Succession Certificate

4-8 months

File petition in the District Court. Lucknow and Allahabad courts may process faster than smaller district courts.

6

### Agricultural Land Mutation (Dakhil Kharij)

4-12 weeks

Apply for mutation at the Tehsildar/Lekhpal office. Bhulekh portal integration has improved verification, but rural processing remains slow.

7

### Urban Property Mutation

4-8 weeks

For Noida/Greater Noida: apply through the respective development authority. For other cities: apply at Nagar Nigam or Nagar Palika.

8

### Bank and Financial Claims

3-8 weeks

Submit claims to banks. Rural cooperative banks and district cooperative banks may have additional documentation requirements.

9

### Agricultural Land Transfer Compliance

2-4 months

For large holdings, verify UP Zamindari Abolition Act compliance and ceiling limits before executing land transfers to heirs.

10

### Final Shariah Distribution

2-4 weeks

Distribute assets per Hanafi shares (predominant in UP). Very large families may require multiple rounds of distribution with interim receipts.

## 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.

### UP Stamp Act (adaptation of Indian Stamp Act)

Schedule I

Governs stamp duty rates for all instruments in Uttar Pradesh including wills, conveyances, and gift deeds.

### UP Zamindari Abolition and Land Reforms Act, 1950

Various sections

Governs land ownership limits and transfer restrictions. Ceiling surplus land cannot be inherited or bequeathed. Critical compliance requirement for large landholdings.

### UP Revenue Code, 2006

Sections 33-38

Governs mutation of land records upon succession. Defines the process for dakhil kharij (revenue mutation) and the rights of heirs.

## Common Pitfalls

Not verifying land ceiling limits — UP's Zamindari Abolition Act imposes strict ceiling limits on agricultural landholdings, and estates exceeding these limits face confiscation of excess land by the government.

Ignoring the long processing times in UP courts — succession certificates routinely take 4-8 months, during which bank accounts, mutual funds, and other financial assets remain completely frozen.

Failing to account for zamindari-era property complications, especially in western UP (Moradabad, Rampur) where many Muslim families hold ancestral land grants with complex title histories.

Not documenting oral family agreements regarding shared ancestral homes in Old Lucknow, Moradabad, Aligarh, and other historic Muslim neighbourhoods.

Overlooking the different procedures for Noida/Greater Noida (development authority jurisdiction) versus rest of UP (municipal corporation jurisdiction) for property mutation.

Ignoring agricultural tenancy and sharecropping (batai) arrangements that affect the practical transferability and cultivable value of rural estates.

## Pro Tips

File for the succession certificate early — UP court backlogs mean 4-8 months of waiting, during which all financial assets remain inaccessible to heirs.

Verify all land records on the Bhulekh portal (upbhulekh.gov.in) and reconcile with Lekhpal/Tehsildar records before drafting the will.

For families with property in Noida/Greater Noida, maintain separate documentation as these areas follow development authority rules, not standard municipal processes.

Include a detailed schedule of agricultural land with khasra numbers, areas, crop patterns, and any tenancy/batai arrangements.

For large families (common in UP), consider creating a family settlement deed (razinama) alongside the will to pre-resolve potential disputes before they reach court.

Register the will through the IGRS UP portal for a permanent digital record with biometric authentication that courts and banks can verify instantly.

## Related State Guides

DL

### Delhi

New Delhi

Muslim Pop: 12.9% (2011 Census)

BR

### Bihar

Patna

Muslim Pop: 16.9% (2011 Census)

RJ

### Rajasthan

Jaipur

Muslim Pop: 9.1% (2011 Census)

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