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AS

# Assam Estate Guide

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

Dispur

Capital

34.2%

Muslim Population

## Stamp Duty Rates

Last updated: March 2026

Instrument | Rate | Notes
--- | --- | ---
Will Registration | Flat ₹100 | Under Assam State adaptation of the Indian Stamp Act
Sale Deed (Property Transfer) | 8% of market value | One of the higher rates nationally. Additional 3% registration fee.
Gift Deed | 8% of market value | ₹500 flat for gifts within direct family
Power of Attorney | ₹300 | Standard rate for general power of attorney
Affidavit | ₹10 | On non-judicial stamp paper

## Registration Process

1

Draft the will in Assamese, Bengali, or English with complete property details including dag and patta numbers.

2

The testator and two witnesses sign the will on every page.

3

Visit the jurisdictional Sub-Registrar office. Limited online appointment services are available in urban centres.

4

Submit the original will, two photocopies, ID proofs (Aadhaar, NRC inclusion document if available), passport photographs, and prescribed fees.

5

Identity verification and statement recording by the Sub-Registrar.

6

The will is recorded in the registration ledger. Digitization varies by district.

7

Original will is returned with a registration endorsement stamped on each page.

Sub-Registrar Information

Sub-Registrar's Office under the Inspector General of Registration, Government of Assam. Limited online services available; walk-in is common in most districts.

Fees

Registration fee of ₹200 plus stamp duty of ₹100. Total approximately ₹300-400. Additional charges may apply in urban Sub-Registrar offices.

## Court Fees

Probate

Ad valorem: 2% of estate value. No statutory maximum cap. Gauhati High Court has appellate jurisdiction.

Letters of Administration

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

Succession Certificate

3% of the value of movable property. Processing time is typically 6-12 months in Assam courts due to backlog.

## 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.

### Dag & Patta (Land Ownership Records)

Required

Dag number (plot identifier) and Patta (ownership certificate) from the Dharitree or Bhunaksha portal for land holdings in Assam.

### NRC Inclusion Document

Optional

Final NRC inclusion certificate or rejection order for the testator and heirs. While not legally required for will execution, it provides critical identity verification in Assam's unique legal environment.

### Citizenship/Lineage Documents

Optional

Pre-1971 land records, electoral roll entries, or educational certificates establishing citizenship lineage. Particularly important for Bengali-origin Muslim families.

## Execution Timeline

1

### Obtain Death Certificate

2-4 weeks

Apply at the municipal board, town committee, or gaon panchayat. Processing may be slower in rural and char areas during monsoon.

2

### Locate Original Will

1-5 days

Retrieve from Sub-Registrar office if registered, or from the testator's personal records.

3

### Verify Citizenship Documentation of All Heirs

1-4 weeks

Ensure all heirs have valid NRC/citizenship documentation. This step is uniquely critical in Assam and can delay the entire process if unresolved.

4

### Notify All Legal Heirs

1-3 weeks

Formally notify all heirs. Char area families may require physical visit due to limited postal reach and seasonal flooding.

5

### Obtain Legal Heir Certificate

3-6 weeks

Apply at the Circle Officer's office with death certificate, Aadhaar proofs, and two witness statements.

6

### Apply for Succession Certificate

6-12 months

File petition at the District Court. Assam courts have among the longest processing times in India due to severe backlog.

7

### Land Mutation (Dag/Patta Transfer)

2-6 months

Apply at the Circle Office for mutation of land records. Char area properties face additional complications due to shifting riverine geography.

8

### Bank and Financial Claims

3-8 weeks

Submit documentation to banks. Additional citizenship verification may be requested by some institutions in Assam.

9

### Final Shariah Distribution

2-4 weeks

Distribute assets per Hanafi shares (predominant in Assam). Community leaders may be involved for verification in rural areas.

## 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.

### Assam Land and Revenue Regulation, 1886

Various sections

The primary land law in Assam. Governs land revenue, mutation, and succession of land rights. One of the oldest surviving land laws in India.

### Citizenship Act, 1955 (as amended by CAA 2019)

Section 6A

Section 6A specifically applies to Assam and relates to citizenship of persons covered by the Assam Accord. Citizenship status directly impacts property ownership rights and succession eligibility.

### Immigrants (Expulsion from Assam) Act, 1950

Various sections

Relevant for families whose citizenship has been questioned. D-voter (doubtful voter) status can complicate succession proceedings until resolved by Foreigners' Tribunals.

## Common Pitfalls

Not maintaining comprehensive citizenship documentation — in Assam's unique legal environment, NRC-related issues can delay or completely stall succession proceedings for years.

Failing to account for char (riverine island) land that may physically disappear due to Brahmaputra erosion, making existing land records meaningless without an updated survey.

Ignoring D-voter (doubtful voter) status of heirs, which can affect their legal standing in succession proceedings until resolved by Foreigners' Tribunals.

Not documenting land ownership through multiple generations — Assam's pre-1971 documentation requirements mean multi-generational records are essential for establishing lineage.

Overlooking tea garden leasehold properties, which have distinct succession rules and may require Assam Tea Corporation or government approval for transfer.

## Pro Tips

Maintain a comprehensive file of citizenship documents for the entire family — NRC inclusion proof, pre-1971 land records, electoral roll entries, and educational certificates with dates.

For char area properties, conduct fresh surveys and update land records before including them in the will, as annual river erosion can shift or eliminate physical boundaries.

Register the will to create a formal record with identity verification — this is especially valuable in Assam's documentation-sensitive legal landscape.

Include a detailed genealogical chart with the will, tracing family lineage with supporting documents, to preempt any citizenship-related challenges during execution.

For families in the Barak Valley, prepare documents in both Bengali and Assamese as court and revenue offices may require either language.

Engage a local advocate who is familiar with both Islamic succession law and Assam's unique citizenship-related legal framework.

## Related State Guides

WB

### West Bengal

Kolkata

Muslim Pop: 27.0% (2011 Census)

BR

### Bihar

Patna

Muslim Pop: 16.9% (2011 Census)

UP

### Uttar Pradesh

Lucknow

Muslim Pop: 19.3% (2011 Census)

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