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# Bihar Estate Guide

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

Patna

Capital

16.9%

Muslim Population

## Stamp Duty Rates

Last updated: March 2026

Instrument | Rate | Notes
--- | --- | ---
Will Registration | Flat ₹100 | One of the lowest will registration costs in India
Sale Deed (Property Transfer) | 6% of market value | Additional 2% registration fee applies
Gift Deed | 6% of market value | ₹500 flat for gifts to close family members (spouse, children, parents)
Power of Attorney | ₹300 | ₹200 if given to close relatives
Affidavit | ₹10 | On non-judicial stamp paper

## Registration Process

1

Draft the will in Hindi or Urdu on plain paper with complete asset details, including khesra numbers for agricultural land.

2

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

3

Visit the jurisdictional Sub-Registrar office. Online appointment booking is available in Patna and some district headquarters.

4

Submit the original will, two photocopies, Aadhaar-linked ID proofs of all parties, photographs, and prescribed fees.

5

Identity verification through biometric authentication (where infrastructure exists) or manual verification.

6

The will is recorded in the registration database and a unique registration number is issued.

7

Original is returned with a registration endorsement.

Sub-Registrar Information

Sub-Registrar's Office under the Inspector General of Registration, Government of Bihar. Online services available at bhumijankari.bihar.gov.in for land records; registration services partially digitized.

Fees

Registration fee of ₹200 plus stamp duty of ₹100. Total approximately ₹300-400. Bihar offers one of the most affordable will registration processes in India.

## Court Fees

Probate

Ad valorem: 2% on estate value up to ₹50,000, then 1% on the balance. Maximum court fee of ₹50,000.

Letters of Administration

Same ad valorem rates as probate. Filed in the District Court having territorial jurisdiction.

Succession Certificate

3% of the value of movable property covered. Bihar District Courts typically take 6-12 months due to severe case backlog.

## 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.

### Khesra/Khatauni (Land Revenue Record)

Required

Land revenue records from the Bhumi Jankari portal showing ownership details. Physical records from the Anchal office may also be required for verification.

### Lagan Raseed (Land Revenue Receipt)

Optional

Latest land revenue (malguzari) payment receipt proving continued ownership and tax compliance on agricultural holdings.

## Execution Timeline

1

### Obtain Death Certificate

2-4 weeks

Apply at the municipal corporation or block development office. Rural areas may take longer, especially during agricultural seasons.

2

### Locate the Will

1-5 days

Retrieve from Sub-Registrar office or personal records. Unregistered wills are very common in Bihar's rural communities.

3

### Notify All Legal Heirs

1-3 weeks

Formal notification to all heirs. Bihar's joint family structures often mean large numbers of potential claimants spread across districts.

4

### Obtain Legal Heir Certificate

3-6 weeks

Apply at the Circle Officer's (Anchal Adhikari) office with death certificate, Aadhaar, and two witnesses.

5

### Apply for Succession Certificate

6-12 months

File petition at the District Court. Bihar courts have among the longest processing times nationally due to severe backlogs.

6

### Agricultural Land Mutation (Dakhil Kharij)

2-6 months

Apply at the Anchal office for mutation of land records. Rural records may require physical field verification by the revenue inspector.

7

### Bank and Financial Claims

3-8 weeks

Submit to banks with required documentation. Many Bihar banks insist on succession certificate for amounts above ₹1 lakh.

8

### Income Tax Clearance

2-4 weeks

File the final income tax return of the deceased.

9

### Final Shariah Distribution

2-4 weeks

Distribute agricultural and other assets per Hanafi shares (predominant in Bihar).

## 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.

### Bihar Land Reforms Act, 1950

Various sections

Governs land ceiling limits and transfer restrictions for agricultural land in Bihar. Estates exceeding ceiling limits face confiscation of excess land.

### Bihar Tenancy Act, 1885

Various sections

Governs tenancy rights on agricultural land. Raiyati (tenant) rights are heritable and affect how agricultural land can be distributed through succession.

## Common Pitfalls

Relying on unregistered wills — while legally valid, unregistered wills are easily contested in Bihar courts, and forgery claims are alarmingly common in succession disputes.

Not verifying land records on the Bhumi Jankari portal — Bihar's land record digitization is incomplete, and discrepancies between physical and digital records are frequent.

Ignoring land ceiling limits under the Bihar Land Reforms Act — large ancestral landholdings may exceed the ceiling, making excess land subject to government acquisition.

Failing to account for the extremely long court processing times — bank accounts and financial assets may remain frozen for 6-12 months while succession certificates are processed.

Not documenting sharecropping (bataidari) and tenancy arrangements on agricultural land, which can lead to disputes with cultivators after the testator's death.

## Pro Tips

Always register the will — Bihar courts give substantially higher evidentiary weight to registered wills, and the ₹100 stamp duty makes it extremely affordable.

Verify land records on the Bhumi Jankari portal and reconcile with physical records at the Anchal office before including land in the will.

For bank accounts, ensure nominations are updated (separately from the will) to allow quicker access to funds while the succession certificate is being processed.

Include a detailed inventory of agricultural assets including standing crops, farm equipment, livestock, and stored grain.

Start the succession certificate application immediately after obtaining the death certificate to minimize the long waiting period in Bihar courts.

## Related State Guides

UP

### Uttar Pradesh

Lucknow

Muslim Pop: 19.3% (2011 Census)

WB

### West Bengal

Kolkata

Muslim Pop: 27.0% (2011 Census)

AS

### Assam

Dispur

Muslim Pop: 34.2% (2011 Census)

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