Early Access Now Open!—Wasiyat is now accepting early access registrations. Sign up today for 50% off your first year.View Pricing
MH

# Maharashtra Estate Guide

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

Mumbai

Capital

11.5%

Muslim Population

## Stamp Duty Rates

Last updated: March 2026

Instrument | Rate | Notes
--- | --- | ---
Will Registration | Flat ₹500 | Higher than many other states under Maharashtra Stamp Act
Sale Deed (Property Transfer) | 5% in Mumbai, 6% in rest of Maharashtra | Additional 1% metro cess in Mumbai, Pune, Nagpur, and PCMC areas. Women get 1% concession.
Gift Deed | 3% of ready reckoner value | ₹200 flat for gifts between blood relatives in direct line (parents, children)
Power of Attorney | ₹500 (general) | GPA for immovable property attracts full conveyance duty — heavily scrutinized
Affidavit | ₹100 | On non-judicial stamp paper

## Registration Process

1

Draft the will in Marathi, Hindi, Urdu, or English. Include property details with CTS numbers (Mumbai) or survey/gat numbers (rest of Maharashtra).

2

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

3

Book a token online through the iGRAS portal (igrmaharashtra.gov.in) for the jurisdictional Sub-Registrar office.

4

Present at the appointed time with original will, two copies, Aadhaar, PAN, passport photographs, and prescribed fees.

5

Biometric verification including fingerprint, photograph, and iris scan of all parties at the Sub-Registrar office.

6

The will is scanned, digitized, and stored in the iGRAS database with a unique document registration number.

7

Original is returned with registration endorsement. Certified copies available through the iGRAS portal from any Sub-Registrar office in Maharashtra.

Sub-Registrar Information

Sub-Registrar's Office under the Inspector General of Registration, Government of Maharashtra. Online services: igrmaharashtra.gov.in (iGRAS portal).

Fees

Registration fee of ₹300 plus stamp duty of ₹500. Processing charges of ₹100. Total approximately ₹900.

## Court Fees

Probate

Ad valorem: 2% of the gross estate value. Mumbai City Civil Court and Bombay High Court have concurrent original jurisdiction for high-value estates.

Letters of Administration

Same rates as probate. Filed when no valid will exists or the executor cannot act.

Succession Certificate

3% of the value of movable property. Mumbai courts typically process in 3-5 months. District courts in rest of Maharashtra may take 4-8 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.

### Property Card (City) / 7/12 Extract (Rural)

Required

Property Card from the City Survey Office for urban properties, or 7/12 Extract (Saat-Baara Utara) from the Talathi for agricultural/rural land. Available on Mahabhulekh portal.

### Housing Society NOC and Share Certificate

Optional

No Objection Certificate from the cooperative housing society and the original share certificate for transfer of flat ownership. Mandatory for all society flats in Mumbai and Pune.

## Execution Timeline

1

### Obtain Death Certificate

1-2 weeks

Apply at BMC (Mumbai), PMC (Pune), or the relevant municipal body. Online application available in major cities.

2

### Locate and Verify Will

1-3 days

Check iGRAS portal for registered wills. Mumbai advocates commonly hold copies for safekeeping.

3

### Notify Heirs and Housing Society

1-2 weeks

Formally notify all heirs and the cooperative housing society (if the estate includes society flats) of the testator's passing.

4

### Obtain Legal Heir Certificate

2-3 weeks

Apply at the Tehsildar's office or through the Aaple Sarkar portal for online processing.

5

### Apply for Succession Certificate

3-5 months

File petition at the City Civil Court (Mumbai) or District Court. Mumbai has dedicated succession benches for faster processing.

6

### Housing Society Share Transfer

4-8 weeks

Apply to the cooperative housing society for transfer of the share certificate and membership to the legal heir. Societies must complete transfer within 6 months under law.

7

### Property Card / 7-12 Mutation

4-8 weeks

Apply at the City Survey Office (urban) or Talathi office (rural) for mutation of property records in the heir's name.

8

### Bank and Financial Claims

2-6 weeks

Submit to banks and financial institutions. Mumbai-based institutions generally process succession claims efficiently.

9

### Demat and Investment Transmission

4-8 weeks

Submit transmission requests to depository participants for shares, mutual fund units, and demat holdings.

10

### Final Shariah Distribution

1-2 weeks

Distribute per calculated Islamic shares. High-value Mumbai estates may require staged 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.

### Maharashtra Stamp Act

Schedule I, Articles 2-64

Governs stamp duty for all instruments in Maharashtra. Annual ready reckoner rates set minimum valuations for all property transactions.

### Maharashtra Co-operative Societies Act, 1960

Section 29

Governs transfer of shares and membership in cooperative housing societies upon the death of a member. Societies are legally required to complete transfers within 6 months of application.

### Maharashtra Rent Control Act, 1999

Various sections

Governs pagdi (tenancy right) properties. Tenancy rights are heritable in certain conditions and have unique succession characteristics distinct from freehold property.

## Common Pitfalls

Not obtaining housing society NOC early — Mumbai cooperative societies frequently delay share transfers, and some societies impose conditions not sanctioned by law.

Ignoring the ready reckoner value — stamp duty is calculated on the ready reckoner value (not the market or will-stated value), which can create unexpected cost obligations during property transfer.

Failing to update the will after redevelopment of Mumbai properties — many older buildings are being redeveloped under SRA/cluster schemes, fundamentally changing the nature and value of the asset.

Not accounting for pagdi (tenancy right) properties, which are common in South Mumbai Muslim communities and have different succession rules than freehold properties.

Overlooking the metro cess (1% additional stamp duty) applicable in Mumbai, Pune, Nagpur, and PCMC areas.

Not separately documenting pending insurance claims, matured LIC policies, and post office savings, which are common investments in Mumbai's Muslim community.

## Pro Tips

Register the will through the iGRAS portal (igrmaharashtra.gov.in) — Maharashtra's digital system is among India's best and provides permanent, universally accessible records.

For Mumbai flats, include the cooperative society name, registration number, flat number, carpet area, and share certificate number in the will for smooth society transfer.

Obtain the latest ready reckoner rate for all properties from the IGR website before estate planning to accurately estimate stamp duty obligations.

For pagdi properties in Mumbai, consult a specialist tenancy lawyer — pagdi tenancy rights have unique succession characteristics under the Maharashtra Rent Control Act.

Consider appointing a Mumbai-based advocate as executor if the primary family resides outside Mumbai, for efficient handling of society meetings and court procedures.

For properties under redevelopment, include the developer agreement details, RERA registration number, and specify how new units should be distributed among heirs.

## Related State Guides

KA

### Karnataka

Bengaluru

Muslim Pop: 12.9% (2011 Census)

RJ

### Rajasthan

Jaipur

Muslim Pop: 9.1% (2011 Census)

DL

### Delhi

New Delhi

Muslim Pop: 12.9% (2011 Census)

## Generate Maharashtra-Specific Estate Documents

Wasiyat automatically applies Maharashtra's stamp duty rates, jurisdiction clauses, and legal formatting to your court-ready estate documents.

Get Started Free
All State Guides

### ORIS

Online · Estate Planning AI

### Welcome to ORIS

Your AI guide to Islamic estate planning.
Let's get to know you first.

Full Name
Email Address
Mobile Number

Your information is encrypted and never shared.