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# Delhi Estate Guide

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

New Delhi

Capital

12.9%

Muslim Population

## Stamp Duty Rates

Last updated: March 2026

Instrument | Rate | Notes
--- | --- | ---
Will Registration | Flat ₹300 | Under Indian Stamp Act (Delhi Amendment)
Sale Deed (Property Transfer) | 6% for men, 4% for women | Additional 1% registration fee. Based on circle rate or actual value, whichever is higher.
Gift Deed | 6% of circle rate value | ₹1,000 flat for gifts between close family members (parents, spouse, children)
Power of Attorney | ₹1,000 (general) | GPA involving immovable property is treated with high scrutiny — Delhi courts have severely restricted GPA-based transfers
Affidavit | ₹10 | On non-judicial stamp paper

## Registration Process

1

Draft the will in Hindi, Urdu, or English with complete property details including colony name, plot/khasra number, and built-up area.

2

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

3

Book an appointment through the Delhi DORIS portal (doris.delhi.gov.in).

4

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

5

Biometric verification (Aadhaar-based fingerprint) and video recording of statements by all parties.

6

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

7

Original is returned with endorsement. Certified copies are available from any Sub-Registrar office in Delhi.

Sub-Registrar Information

Sub-Registrar's Office under the Revenue Department, Government of NCT of Delhi. Online services: doris.delhi.gov.in.

Fees

Registration fee of ₹300 plus stamp duty of ₹300. Processing charges of ₹100. Total approximately ₹700.

## Court Fees

Probate

Ad valorem: 2% of estate value up to ₹1 lakh, then 1% on the balance. Maximum court fee of ₹1,00,000.

Letters of Administration

Same ad valorem rates as probate. Filed at the District Court or the Delhi High Court for high-value estates.

Succession Certificate

3% of the value of movable property. Delhi District Courts typically process in 3-5 months, faster than most other jurisdictions.

## 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.

### Circle Rate Certificate

Optional

Current circle rate for the property location in Delhi, available from the Revenue Department website. Used for stamp duty calculation.

### DDA Allotment Letter / Society Share Certificate

Optional

Original DDA allotment letter or cooperative society share certificate for properties in DDA colonies or cooperative group housing societies.

## Execution Timeline

1

### Obtain Death Certificate

1-2 weeks

Apply at the Registrar of Births and Deaths under MCD. Online application is available through the Delhi e-District portal.

2

### Locate and Verify Will

1-3 days

Check the DORIS portal for registered wills or retrieve from the testator's advocate or personal records.

3

### Notify All Heirs (including multi-state)

1-2 weeks

Formally notify all heirs by registered post. Delhi families frequently have property in UP (Noida/Greater Noida), Haryana (Gurgaon), and ancestral states.

4

### Obtain Legal Heir Certificate

2-3 weeks

Apply at the SDM (Sub-Divisional Magistrate) office or through the Delhi e-District portal.

5

### Apply for Succession Certificate

3-5 months

File petition at the Delhi District Court. Saket, Tis Hazari, and Patiala House courts handle succession matters efficiently.

6

### DDA / Society Transfer (if applicable)

4-8 weeks

For DDA flats, apply for ownership transfer through DDA. For cooperative societies, apply for share certificate transfer to the legal heir.

7

### Property Mutation at MCD

4-8 weeks

Apply at the concerned MCD zonal office for property tax assessment mutation in the heir's name.

8

### Multi-State Property Coordination

Varies by state

For properties in other states, initiate parallel mutation and transfer processes in each respective state.

9

### Government Employment Benefits Transfer

4-8 weeks

For central/state government employees: initiate pension transfer, GPF settlement, gratuity claims, and CGHS transfer through the employer.

10

### Bank and Financial Claims

2-4 weeks

Delhi's status as a banking and financial hub means most institutions process claims efficiently.

11

### Final Shariah Distribution

1-2 weeks

Distribute assets per calculated Islamic shares with signed acknowledgments from all beneficiaries.

## 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.

### Indian Stamp Act, 1899 (Delhi Amendment)

Schedule I

Delhi-specific stamp duty rates for all instruments including wills, conveyances, and gift deeds.

### Delhi Apartment Ownership Act, 1986

Sections 13-15

Governs transfer of apartment ownership in multi-storey buildings in Delhi. Relevant for succession of flats, particularly in DDA and builder-developed properties.

## Common Pitfalls

Not accounting for multi-state property holdings — Delhi residents frequently own property in UP (Noida, Greater Noida), Haryana (Gurgaon/Faridabad), and ancestral states, each requiring separate legal processes.

Relying on GPA-based property transfers — the Supreme Court and Delhi High Court have severely restricted GPA transfers, making many Old Delhi and unauthorized colony properties legally complex to inherit.

Ignoring unauthorized colony property status — many properties in Delhi's 1,700+ unauthorized colonies have unclear legal status, and succession rights depend on whether the colony has been regularized.

Failing to separately document government employment benefits (pension, GPF, gratuity, CGHS) which follow employer-specific nomination and transfer processes, not the will.

Not updating the will after annual circle rate revisions, which can significantly affect property valuations and stamp duty obligations during execution.

## Pro Tips

Register the will through the DORIS portal (doris.delhi.gov.in) for permanent digital records with video verification accessible from any Sub-Registrar office in Delhi.

For multi-state property portfolios (very common for Delhi families), create a comprehensive asset schedule in the will with clear state-wise listings and jurisdictional details.

Verify the legal status of all properties before including them in the will — Delhi has many properties in unauthorized/regularized colonies with complex transfer rules.

For government employees, maintain a separate document listing all employment benefits (pension, GPF, gratuity, CGHS, leave encashment) with nomination details.

Check current circle rates on the Delhi Revenue Department website before finalizing property valuations.

For properties in Old Delhi, conduct a thorough title search going back 30+ years and verify against MCD records to uncover encumbrances or GPA complications.

## Related State Guides

UP

### Uttar Pradesh

Lucknow

Muslim Pop: 19.3% (2011 Census)

RJ

### Rajasthan

Jaipur

Muslim Pop: 9.1% (2011 Census)

MH

### Maharashtra

Mumbai

Muslim Pop: 11.5% (2011 Census)

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