Legal Heir Declaration / Affidavit Format & Template
Wills & Succession · ₹50 · ~6 min · Sign in free, fill the guided form with a live preview, pay to download.
Stamp paper required — non-judicial stamp paper of the value prescribed by your state. You'll receive the draft; e-stamping is done separately per your state's rules.
What is a Legal Heir Declaration / Affidavit?
When someone dies without a will, the people entitled to their property are their legal heirs, fixed by the succession law that applies to them. Before a bank will release a balance, an employer will settle dues, or a revenue office will mutate a property, it needs to know who those heirs are — and this affidavit is the declaration it acts on.
It works for ordinary settlements: bank balances, provident fund, pension, insurance, mutation of a modest property. It is not a substitute for a Succession Certificate or Letters of Administration from a court, which banks and courts require for larger sums, for shares and securities, and whenever the heirs disagree.
When to use it
- Claiming a deceased person’s bank balance, fixed deposit or locker contents.
- Settling provident fund, gratuity, pension or insurance where no nominee was registered.
- Applying to a revenue office for mutation of agricultural or house property into the heirs’ names.
- Applying to the Tahsildar for a Legal Heir Certificate.
- Transferring a vehicle, an electricity connection or a gas connection after the registered holder’s death.
What you'll need
Keep these details ready — the form asks for them in this order.
Deponent
Your full name · Your relationship to the deceased · Your age · Address
Deceased
Deceased person's full name · Deceased person's last residence (optional) · Date of death · Place of death (optional) · Death certificate number (optional)
Heirs
List of legal heirs · Purpose
Verification
Place of signing · Date
How it works
Get the death certificate first
Nothing moves without it. Obtain it from the municipal corporation, municipality or panchayat that registered the death, and quote its number in the affidavit.
List every heir, without exception
One per line, with name, relationship to the deceased and age. Include heirs who are minors, who live abroad, or who have no interest in claiming. An omitted heir is what makes these affidavits fail — and the omission is actionable.
Check who the heirs actually are
Who inherits depends on the succession law applicable to the deceased and on which relatives survive. If the family is anything other than spouse-and-children, take legal advice before listing.
Preview and download
Check the draft, pay ₹50, download the PDF.
Print on stamp paper and notarise
Print on non-judicial stamp paper of your state’s value and swear it before a Notary Public. Many banks additionally want the other heirs’ no-objection or a joint affidavit — ask them before you go.
How to make it legally valid
- Non-judicial stamp paper of the value prescribed by your state.
- Sworn in the physical presence of a Notary Public or First Class Magistrate.
- Notary’s signature, seal and register entry.
- The death certificate must exist and, where possible, be quoted — authorities will ask for a copy.
- The list of heirs must be complete. The affidavit declares that no heir has been omitted, and that declaration is on oath.
- For large sums, shares and securities, or any dispute among heirs, a court-issued Succession Certificate is required and this affidavit will not be accepted.
Stamp paper. Print the affidavit on non-judicial stamp paper. The value is fixed by your state, not by us — commonly Rs. 10 in Delhi and Uttar Pradesh, Rs. 20 in Karnataka and Tamil Nadu, Rs. 50 in Telangana and Andhra Pradesh, and Rs. 100 in Maharashtra and Gujarat. Ask the stamp vendor or your notary for the current value in your state: using a lower denomination than required is the most common reason an affidavit is handed back.
Common mistakes to avoid
- Leaving out an heir — a married daughter, a child from an earlier marriage, an heir living abroad. This is the single commonest and most serious error.
- Declaring the deceased died intestate when a will exists. If there is a will, it governs, and the route is probate, not this affidavit.
- Using this affidavit where the bank has asked for a Succession Certificate. Above their threshold, banks will not settle on an affidavit.
- Assuming a nominee is the owner. A nominee receives the money to hold it; the legal heirs remain entitled to it.
- Filing it without the other heirs’ knowledge. Most institutions ask for their no-objection anyway, and doing it behind their backs invites litigation.
Frequently asked questions
What is the difference between a Legal Heir Certificate and a Succession Certificate?
A Legal Heir Certificate is issued by the Revenue authority, usually the Tahsildar, and identifies who the heirs are — it is used for pension, provident fund, gratuity and similar claims. A Succession Certificate is granted by a civil court and authorises the holder to collect the deceased’s debts and securities. Banks and companies require the court certificate for larger amounts and for shares.
When will a bank accept this affidavit instead of a court certificate?
Most banks have an internal threshold below which they settle a deceased depositor’s account on a legal heir declaration, indemnity bond and the heirs’ no-objection. Above it, they insist on a Succession Certificate or Letters of Administration. Ask your branch for their threshold before starting.
Who are the legal heirs?
It depends on the succession law applicable to the deceased and on which relatives survive. In the commonest case the spouse, children and mother share equally, but the position changes with religion, with the nature of the property, and where there is no spouse or child. Where the family situation is not straightforward, take legal advice before listing heirs.
Do all heirs need to sign the affidavit?
One heir swears it, but most institutions also want a no-objection from the remaining heirs, or a joint affidavit signed by all of them. Ask the bank or office what they require — it saves a second trip to the notary.
What if an heir is a minor?
List the minor as an heir with their age. A minor cannot give a no-objection or receive a share directly; a natural guardian acts for them, and for anything substantial the institution may require a guardianship order from a court.
What if the deceased left a will?
Then this affidavit is the wrong document. A will displaces intestate succession, and the route is probate or a letter of administration with the will annexed, depending on the state and the property. Declaring an intestate death when a will exists is a false statement on oath.
Does a nominee automatically inherit?
No. A nominee is entitled to receive the amount from the institution, but holds it for the legal heirs, who remain entitled to it under succession law. Courts have repeatedly held that nomination does not override succession.
What documents go with this affidavit?
The death certificate, proof of relationship for each heir (Aadhaar, ration card, birth certificates, school records), identity and address proof of the deponent, and the account, policy or property details being claimed.
How long does a Legal Heir Certificate take?
Typically two to six weeks after application to the Tahsildar, since a local enquiry is normally conducted. Several states now accept applications through an e-district portal.
What happens if I omit an heir?
The omitted heir can challenge the settlement and recover their share, the certificate can be cancelled, and the false declaration on oath is itself punishable. Institutions take an indemnity precisely so they can recover from you if this happens.
Ready to prepare your Legal Heir Declaration / Affidavit?
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This is a self-help template for common situations — it is not legal advice and LawMitran is not a law firm. Need help with your legal heir declaration / affidavit? Find a property law lawyer · Legal documents FAQs.