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RJ

# Rajasthan Estate Guide

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

Jaipur

Capital

9.1%

Muslim Population

## Stamp Duty Rates

Last updated: March 2026

Instrument | Rate | Notes
--- | --- | ---
Will Registration | Flat ₹100 | One of the most affordable in India under Rajasthan Stamp Act
Sale Deed (Property Transfer) | 5% for men, 4% for women | Additional 1% surcharge applies. DLC (District Level Committee) rates determine minimum valuation.
Gift Deed | 5% of DLC value | ₹500 flat for gifts between direct blood relatives
Power of Attorney | ₹500 (general) | GPA for immovable property attracts higher duty
Affidavit | ₹10 | On non-judicial stamp paper

## Registration Process

1

Draft the will in Hindi or English with complete details of all properties and assets, including khasra/khatauni numbers.

2

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

3

Book an appointment through the E-Panjeeyan portal (epanjiyan.rajasthan.gov.in).

4

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

5

Biometric verification (Aadhaar-based) of all parties at the Sub-Registrar office.

6

The will is recorded in the E-Panjeeyan database and assigned a registration number.

7

Original will is returned with a registration endorsement.

Sub-Registrar Information

Sub-Registrar's Office under the Inspector General of Registration, Government of Rajasthan. Online services: epanjiyan.rajasthan.gov.in.

Fees

Registration fee of ₹200 plus stamp duty of ₹100. Total approximately ₹300-400.

## Court Fees

Probate

Ad valorem: 2% on the first ₹1 lakh, then 1% on the balance. Maximum court fee of ₹50,000.

Letters of Administration

Same ad valorem rates as probate.

Succession Certificate

3% of the value of movable property. Processing time is typically 4-8 months in Rajasthan District 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.

### Jamabandi (Land Revenue Record)

Required

Jamabandi from the Apna Khata portal (apnakhata.rajasthan.gov.in) for verification of agricultural land ownership and revenue payment history.

### Haveli / Old Property Municipal Record

Optional

Municipal assessment record for old city haveli properties in Jaipur, Jodhpur, or Ajmer. These properties often have complex multi-generational ownership.

## Execution Timeline

1

### Obtain Death Certificate

1-3 weeks

Apply at the municipal body or gram panchayat. E-Mitra centres across Rajasthan facilitate application filing.

2

### Locate the Will

1-3 days

Check E-Panjeeyan portal for registered wills or retrieve from personal records.

3

### Notify All Legal Heirs

1-2 weeks

Formal notification to all heirs. Large traditional joint families in Rajasthan may require extensive outreach across multiple districts.

4

### Obtain Legal Heir Certificate

2-4 weeks

Apply at the Tehsildar's office or through the e-Mitra portal.

5

### Apply for Succession Certificate

4-8 months

File petition at the District Court. Jaipur and Jodhpur courts process faster than rural courts.

6

### Agricultural Land Mutation

4-8 weeks

Apply at the Patwari office for mutation of land records. Apna Khata portal provides record access for verification.

7

### Urban Property Mutation

4-8 weeks

Apply at the relevant Nagar Nigam or Nagar Palika for property tax assessment mutation.

8

### Bank and Financial Claims

2-6 weeks

Submit to banks and financial institutions with required documentation.

9

### Final Shariah Distribution

1-2 weeks

Distribute per Hanafi shares (predominant in Rajasthan).

## 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.

### Rajasthan Stamp Act

Schedule I

Governs stamp duty for all instruments in Rajasthan, including wills, sale deeds, and gift deeds.

### Rajasthan Tenancy Act, 1955

Various sections

Governs agricultural land tenancy and succession in Rajasthan. Khatedari tenancy rights are heritable but subject to specific succession rules that differ from freehold ownership.

## Common Pitfalls

Not accounting for old city haveli properties (Jaipur, Jodhpur, Ajmer) that often have unclear title chains and multiple undocumented co-owners spanning generations.

Ignoring DLC rate differences between the will drafting date and the execution date — Rajasthan revises DLC rates periodically, which affects stamp duty calculations during property transfer.

Failing to document khatedari (agricultural tenancy) rights properly — these are heritable but have specific succession rules under Rajasthan law that differ from freehold land.

Overlooking traditional jewelry, precious stones, and silver items, which form a significant portion of wealth in Rajasthani Muslim families.

Not verifying that ancestral land records are correctly updated in the Apna Khata digital system — data migration errors are common.

## Pro Tips

Register the will at the affordable ₹100 stamp duty — Rajasthan offers one of the most affordable will registration processes in India.

Verify all land records on the Apna Khata portal (apnakhata.rajasthan.gov.in) and reconcile with Patwari records before drafting the will.

For properties in old city areas (Jaipur, Jodhpur, Ajmer), conduct a thorough title search going back at least 30 years to identify hidden claims.

Document all jewelry and precious items with photographs, certified weight, and valuations from registered jewelers.

For large agricultural estates, include crop rotation plans, tenancy details, and tube-well/irrigation infrastructure in the asset schedule.

## Related State Guides

DL

### Delhi

New Delhi

Muslim Pop: 12.9% (2011 Census)

UP

### Uttar Pradesh

Lucknow

Muslim Pop: 19.3% (2011 Census)

MH

### Maharashtra

Mumbai

Muslim Pop: 11.5% (2011 Census)

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