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WB

# West Bengal Estate Guide

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

Kolkata

Capital

27.0%

Muslim Population

## Stamp Duty Rates

Last updated: March 2026

Instrument | Rate | Notes
--- | --- | ---
Will Registration | Flat ₹100 | Affordable under WB adaptation of the Indian Stamp Act
Sale Deed (Property Transfer) | 6-7% of market value | 6% in Kolkata/municipal areas, 7% in non-municipal areas. Additional 1% registration fee.
Gift Deed | 5% of market value | ₹500 flat for gifts to close relatives (parents, spouse, children)
Power of Attorney | ₹500-5,000 | Varies based on whether the GPA involves immovable property
Affidavit | ₹10 | On non-judicial stamp paper

## Registration Process

1

Draft the will in Bengali or English with complete property details including plot numbers, mouza, and JL numbers.

2

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

3

Book an appointment through the WB Registration portal (wbregistration.gov.in).

4

Present original will, two copies, Aadhaar, PAN, passport photographs, and prescribed fees at the Sub-Registrar office.

5

Identity verification through Aadhaar-based biometric authentication.

6

The will is digitally stored in the registration database and a unique registration number is assigned.

7

Original is returned with a registration endorsement.

Sub-Registrar Information

Sub-Registrar's Office under the Inspector General of Registration, Government of West Bengal. Online services: wbregistration.gov.in.

Fees

Registration fee of ₹200 plus stamp duty of ₹100. Processing charges approximately ₹100. Total approximately ₹400.

## Court Fees

Probate

Ad valorem: 2% of estate value. Kolkata High Court has original jurisdiction for probate matters within Kolkata. District Courts handle matters elsewhere.

Letters of Administration

Same rates as probate.

Succession Certificate

3% of value of movable property. Processing time 4-8 months in West Bengal courts.

## 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.

### Porcha (Record of Rights)

Required

Record of Rights (porcha/khatian) from the Banglar Bhumi portal for verification of land ownership in West Bengal. Shows plot details, area, and ownership history.

### KMC / Municipal Property Tax Receipt

Required

Latest property tax receipt from KMC (Kolkata Municipal Corporation) or the relevant municipality for urban properties. Proves ownership and tax compliance.

## Execution Timeline

1

### Obtain Death Certificate

1-2 weeks

Apply at KMC (Kolkata) or the relevant municipal/panchayat body. Online application is available in Kolkata.

2

### Locate and Verify Will

1-3 days

Retrieve from Sub-Registrar office (if registered) or personal records.

3

### Notify All Legal Heirs

1-2 weeks

Formal notification to all heirs by registered post.

4

### Obtain Legal Heir Certificate

2-4 weeks

Apply at the Block Development Office (BDO) or through the e-District portal.

5

### Apply for Succession Certificate

4-8 months

File petition at the District Court or City Civil Court (Kolkata).

6

### Land Mutation (Porcha Transfer)

4-8 weeks

Apply at the Block Land and Land Reforms Office (BLLRO) for mutation using the Banglar Bhumi portal.

7

### Urban Property Mutation

4-8 weeks

Apply at KMC or the relevant municipality for property tax assessment transfer to the legal heir.

8

### Bank and Financial Claims

2-6 weeks

Submit claims to banks and financial institutions with all required documentation.

9

### Final Shariah Distribution

1-2 weeks

Distribute assets per Hanafi shares (predominant in West Bengal).

## 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.

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

Schedule I

Governs stamp duty for all instruments in West Bengal including wills, conveyances, and gift deeds.

### West Bengal Land Reforms Act, 1955

Various sections

Governs land ceiling limits, bargadar (sharecropper) rights, and tenancy protections. Bargadar rights affect the transferability of agricultural land through succession.

### West Bengal Estate Acquisition Act, 1953

Various sections

Abolished intermediary estates (zamindari, jagirdari). Relevant for properties with historical intermediary title chains that predate 1953.

## Common Pitfalls

Not verifying land records on the Banglar Bhumi portal — West Bengal's land record digitization has introduced errors in many rural records, particularly in Murshidabad and Malda.

Ignoring bargadar (sharecropper/tenant) rights under the WB Land Reforms Act — agricultural land with recorded bargadars has severely restricted transferability and cannot be freely distributed.

Failing to account for the large number of heirs in joint family structures that are common in Murshidabad, Malda, and North 24 Parganas districts.

Not documenting small-scale business assets (textile trading, leather goods, embroidery units) which are common among West Bengal's Muslim business community.

Overlooking properties still registered in the names of deceased ancestors, which require multi-generational mutation chains before they can be included in a new will.

## Pro Tips

Register the will at West Bengal's affordable ₹100 stamp duty — unregistered wills face significantly greater scrutiny in the state's courts.

Verify all land records on the Banglar Bhumi portal and obtain a certified porcha (khatian) before drafting the will.

For Kolkata properties, ensure KMC tax assessments are current, in the testator's name, and all arrears are cleared before succession.

For rural properties, verify and document bargadar rights with the BLLRO to avoid post-death disputes with tenant cultivators.

Include a comprehensive inventory of all business assets, stock-in-trade, receivables, and trade debts for families engaged in trading and manufacturing.

## Related State Guides

BR

### Bihar

Patna

Muslim Pop: 16.9% (2011 Census)

AS

### Assam

Dispur

Muslim Pop: 34.2% (2011 Census)

DL

### Delhi

New Delhi

Muslim Pop: 12.9% (2011 Census)

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