The Affidavit of Death and Heirship is a crucial legal document required in India when a person passes away and their assets need to be transferred to their legal heirs. This document becomes necessary when dealing with property transfers, bank accounts, insurance claims, or other assets where proof of death and heirship must be established. It is particularly important in cases where a formal probate process may not be required or as a supporting document in probate proceedings. The affidavit must comply with Indian legal requirements, including the Indian Succession Act, 1925, and relevant personal laws based on the deceased's religion. It serves as prima facie evidence of death and heirship, though additional documentation may be required by specific institutions or authorities.
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1. Title and Jurisdiction: Specifies the document type and the jurisdiction where it is being executed
2. Affiant Information: Details of the person making the affidavit, including their relationship to the deceased
3. Verification and Oath: Statement confirming the affiant's personal knowledge and oath of truthfulness
4. Deceased's Information: Full details of the deceased person including full name, date of death, place of death, and last residential address
5. Marriage History: Details of the deceased's marital status and spouse(s)
6. Heir Information: Complete list of all legal heirs, their relationships to the deceased, and their current addresses
7. Property Statement: General statement about the deceased's property and assets
8. Declaration of Heirs: Formal declaration that the listed persons are the only legal heirs of the deceased
9. Attestation: Signature of the affiant and notary's certification
1. Previous Marriages: Required when the deceased had multiple marriages, listing all previous spouses and their current status
2. Disinherited Heirs: Required when there are legally disinherited heirs, stating the reasons and legal basis
3. Foreign Assets: Required when the deceased owned property or assets in other countries
4. Contested Claims: Required when there are known disputes or potential claims to the inheritance
5. Religious Law Declaration: Required when specific religious personal laws apply to the succession
6. Adoption Statement: Required when there are adopted children among the heirs
1. Schedule A - Property Details: Detailed inventory of all real estate owned by the deceased
2. Schedule B - Financial Assets: List of bank accounts, investments, insurance policies, and other financial assets
3. Schedule C - Family Tree: Detailed family tree showing relationships of all heirs to the deceased
4. Schedule D - Supporting Documents: List of attached documents including death certificate, marriage certificates, and property documents
5. Appendix 1 - Death Certificate: Certified copy of the death certificate
6. Appendix 2 - Heir Identification: Copies of government-issued ID proofs for all heirs
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