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KL

# Kerala Estate Guide

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

Thiruvananthapuram

Capital

26.6%

Muslim Population

## Stamp Duty Rates

Last updated: March 2026

Instrument | Rate | Notes
--- | --- | ---
Will Registration | Flat ₹100 | One of the lowest will registration stamp duties in India
Sale Deed (Property Transfer) | 8% of fair value | One of the higher rates nationally. Additional 2% registration fee applies.
Gift Deed | 8% of fair value | No family exemption for gifts to children — full rate applies. ₹1,000 flat if to spouse.
Power of Attorney | ₹1,000 | Higher rate reflects Kerala's large NRI/Gulf diaspora requirements for property management
Affidavit | ₹50 | On non-judicial stamp paper

## Registration Process

1

Draft the will in Malayalam or English on plain white paper. Include full details of all properties with survey numbers and thandaper references.

2

The testator signs or affixes thumb impression on every page in the presence of two witnesses who also sign.

3

Obtain an appointment at the Sub-Registrar office through the Kerala PEARL system (keralaregistration.gov.in).

4

Present the original will, two copies, Aadhaar (mandatory), PAN, passport photographs of all parties, and the registration fee.

5

The Sub-Registrar records biometric data (fingerprint), photographs, and statements of the testator and witnesses.

6

The will is scanned and entered into the PEARL database. A unique registration number is assigned and linked to the testator's Aadhaar.

7

Original will is returned. A certified copy can be obtained online through the PEARL portal from any Sub-Registrar office in Kerala.

Sub-Registrar Information

Sub-Registrar's Office under the Inspector General of Registration, Government of Kerala. Online services via keralaregistration.gov.in (PEARL system).

Fees

Registration fee of ₹200 plus stamp duty of ₹100. Additional ₹50 for document scanning. PEARL portal service charges of ₹100 may apply. Total approximately ₹450.

## Court Fees

Probate

Ad valorem: 2% of the gross estate value. No statutory maximum cap, though courts may exercise judicial discretion for very large estates. Minimum ₹500.

Letters of Administration

Same ad valorem rate as probate. Required when no valid will exists or the named executor cannot serve.

Succession Certificate

3% of the value of debts and securities covered. Issued by the Munsiff's Court (for smaller values) or District Court. Processing time 3-6 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.

### Thandaper Extract (Basic Tax Receipt)

Required

Land tax receipt (thandaper extract) from the Village Office for all land properties in Kerala. Serves as primary proof of ownership in rural areas.

### Gulf Employment / Visa Documents

Optional

For NRI testators: passport copies, valid visa/residence permit documents, and proof of Gulf-based assets (bank statements, property documents) if the estate includes foreign holdings.

## Execution Timeline

1

### Obtain Death Certificate

1-2 weeks

Apply at the municipal corporation, municipality, or gram panchayat. Kerala's e-District system allows online application for faster processing.

2

### Locate Original Will

1-5 days

Check with the Sub-Registrar office via the PEARL database, or the testator's personal records, family advocate, or masjid committee if held in community trust.

3

### Notify Heirs and Community Witnesses

1-2 weeks

In Malabar, local masjid committees often serve as community witnesses. Notify all heirs including those residing in Gulf countries via registered post and email.

4

### Obtain Legal Heir Certificate

2-3 weeks

Apply at the Village Office or Taluk Office. Kerala's e-District portal allows online application with significantly faster processing times.

5

### NRI Heir Documentation (if applicable)

4-8 weeks

For heirs residing in Gulf countries, obtain apostilled/attested documents from the Indian Embassy or Consulate. UAE and Saudi Arabia have specific attestation requirements.

6

### Apply for Succession Certificate

3-6 months

File at the Munsiff's Court with territorial jurisdiction. Required primarily for bank accounts and financial instruments above ₹5 lakhs.

7

### Property Mutation at Village Office

4-6 weeks

Apply for pattayam (title deed) transfer at the Village Office with will, death certificate, legal heir certificate, and thandaper extract.

8

### Bank and Financial Claims

2-8 weeks

Kerala's cooperative banks (particularly strong in Malabar) may have additional documentation requirements beyond commercial banks.

9

### Gulf Asset Repatriation (if applicable)

2-6 months

For Gulf-based assets, coordinate with the respective country's legal system for asset transfer and repatriation of funds to India.

10

### Final Shariah Distribution

1-2 weeks

Distribute assets per calculated Shafi'i/Maliki shares. Malabar families often involve the local qazi or Islamic scholar for final verification of share calculations.

## 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.

### Kerala Stamp Act (adaptation of Indian Stamp Act, 1899)

Schedule I

Prescribes stamp duty rates for all instruments including wills in Kerala. Kerala's rates are among the highest in South India.

### Mapilla Succession Act, 1918 (repealed)

Full Act

Historically governed Malabar Muslim (Mapilla) succession. Repealed by the Muslim Personal Law (Shariat) Application Act, 1937, but legacy disputes and pre-1937 estates may reference it.

## Common Pitfalls

Not accounting for Gulf-based assets — many Malabar families have significant savings, property, and investments in UAE, Saudi Arabia, Kuwait, Oman, and Qatar that require separate legal processes under those countries' laws.

Ignoring the distinction between ancestral joint family property and self-acquired property, especially in traditional Malabar Muslim families with multi-generational holdings.

Failing to register the will — Kerala courts give substantially higher evidentiary weight to registered wills, and many families have lost bitter disputes over unregistered documents.

Not updating the will after heirs return from Gulf countries or after new property purchases funded by NRI remittances.

Assuming cooperative bank accounts follow the same succession process as commercial banks — Kerala's extensive cooperative banking sector has distinct and often more onerous documentation requirements.

Overlooking gold and jewelry, which forms a significant portion of wealth in Kerala Muslim families (especially mahr and streedhanam) and requires specific documentation for transfer.

## Pro Tips

Register the will through Kerala's PEARL online system for a permanent digital record accessible from anywhere in the world, including Gulf countries.

For NRI families, maintain a parallel list of Gulf-based assets with complete details (bank name, account numbers, property documents) — UAE, Saudi, and Kuwait have separate inheritance laws that may conflict with Indian Islamic law.

Include a detailed gold and jewelry inventory with photographs, approximate weight, and certified valuations — this is the most frequently contested asset category in Kerala Muslim estates.

Consider appointing a co-executor who resides in Kerala if the primary executor is based in the Gulf, to handle day-to-day execution tasks at courts and revenue offices.

For Malabar properties, verify survey numbers and thandaper entries carefully at the Village Office — land records in rural Kerala can be outdated or contain long-standing boundary disputes.

Consult with both a Shafi'i scholar and a property lawyer, as Kerala Muslim estates often involve complex intersections of personal law and state property law.

## Related State Guides

KA

### Karnataka

Bengaluru

Muslim Pop: 12.9% (2011 Census)

TN

### Tamil Nadu

Chennai

Muslim Pop: 5.9% (2011 Census)

AP

### Andhra Pradesh

Amaravati

Muslim Pop: 9.6% (2011 Census)

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