Legal Heir Declaration Affidavit Format

Affidavit format sworn by surviving family members declaring all legal heirs of a deceased person for bank balance release, pension, and insurance claims.

Statutory Governing Law

Hindu Succession Act 1956 / Indian Succession Act 1925.

Stamp Duty & Registration Rule

Executed on ₹50 or ₹100 Non-Judicial Stamp Paper and sworn before an Executive Magistrate or Notary Public.

Standard Format Preview & Editor(Replace bracketed text like [NAME] with actual facts)

BEFORE THE NOTARY PUBLIC / EXECUTIVE MAGISTRATE AT [CITY]

AFFIDAVIT OF SURVIVING LEGAL HEIRS

I, [DEPONENT_NAME], Son/Wife/Daughter of Late [DECEASED_NAME], aged [AGE] years, residing at [ADDRESS], do hereby solemnly affirm and state as follows:

1. That Late [DECEASED_NAME] expired on [DATE_OF_DEATH] at [PLACE_OF_DEATH]. The Death Certificate bearing Registration No: [REG_NO] issued by [MUNICIPAL_AUTHORITY] is annexed hereto.

2. That the deceased was ordinarily residing at the above address prior to his/her demise.

3. That the deceased died intestate (without leaving behind any Will).

4. That the deceased left behind only the following surviving Class-I legal heirs and no others:
   Sl No. | Name of Legal Heir      | Age | Relation with Deceased | Marital Status
   1.     | [SPOUSE_NAME]           | 52  | Wife                   | Married
   2.     | [SON_NAME]              | 26  | Son                    | Unmarried
   3.     | [DAUGHTER_NAME]         | 23  | Daughter               | Unmarried

5. That apart from the persons mentioned above, there are no other legal heirs, adopted children, or claimants entitled to the estate of the deceased.

DEPONENT

VERIFICATION:
Verified at [CITY] on [DATE] that the contents above are true and correct.

DEPONENT

💡 Tip: Paste into Microsoft Word or Google Docs to format into paragraphs and print on legal paper.Get advocate stamped version

Essential Clauses in this Standard Draft

Particulars of Deceased & Death Certificate Number

Comprehensive List of All Surviving Class-I Heirs

Declaration that No Other Legal Heirs Exist

Indemnity to Banks/Authorities for Asset Release

Notary Seal and Identification by Advocate

Advocate Review & Official E-Stamp

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Frequently Asked Questions about Legal Heir Declaration Affidavit Format

What is the difference between a Legal Heir Certificate and a Succession Certificate?

A Legal Heir Certificate is issued by the local Tehsildar/Revenue Officer to identify surviving heirs for pensions, service benefits, and minor claims. A Succession Certificate is granted exclusively by a Civil Court under the Indian Succession Act 1925 for transferring debts, securities, shares, and high-value bank accounts.