The Affidavit of Surviving Legal Heirs is a fundamental document in Indian succession law that serves as a formal declaration identifying all legal heirs of a deceased person. This affidavit becomes necessary when a person dies intestate (without a will) or when formal proof of heirship is required for administrative or legal purposes. The document is commonly required by banks, government authorities, and other institutions to establish the rightful legal heirs who can claim or manage the deceased's assets, accounts, or properties. The affidavit must comply with Indian legal requirements, including the Hindu Succession Act 1956, Indian Succession Act 1925, and relevant state laws. It contains sworn statements about the deceased's family structure, details of all surviving legal heirs, and their relationship to the deceased, making it a crucial document for estate administration and succession procedures.
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1. Title and Introduction: Specifies the document type and introduces the deponent making the affidavit
2. Deponent Details: Full name, age, address, and relationship to the deceased
3. Deceased Person's Details: Full name, date of death, last address, and occupation of the deceased
4. Facts of Death: Circumstances of death, place of death, and whether any will was left
5. Family Structure Declaration: Statement about the deceased's family structure, including spouse, children, and other relevant relatives
6. List of Legal Heirs: Comprehensive list of all surviving legal heirs with their details and relationship to the deceased
7. Property Declaration: General statement about the deceased's property (if any)
8. Verification Clause: Statement verifying that the contents of the affidavit are true and correct
9. Deponent's Signature: Space for deponent's signature and date
10. Notary Attestation: Space for notary's signature, seal, and registration details
1. Multiple Marriage Declaration: Required when the deceased had more than one marriage, listing details of all marriages and children from each
2. Adoption Declaration: Required when there are adopted children in the family, including details of legal adoption
3. Religious Law Declaration: Required when specific religious laws govern the succession
4. Renunciation Statements: Required when any legal heir has renounced their rights
5. Property Details: Detailed section about specific properties when the affidavit is required for property transfer
6. Bank Account Declaration: Required when the affidavit is specifically for banking purposes
7. Foreign Assets Declaration: Required when the deceased owned assets in foreign countries
1. Schedule A - Death Certificate: Certified copy of the death certificate of the deceased
2. Schedule B - Proof of Relationship: Documents proving relationship between deceased and legal heirs (birth certificates, marriage certificates)
3. Schedule C - Address Proof: Address proof documents of all legal heirs
4. Schedule D - Identity Proof: Identity proof documents of all legal heirs
5. Schedule E - Family Tree: Detailed family tree showing relationships between deceased and all legal heirs
6. Schedule F - No Objection Certificates: NOCs from other legal heirs if applicable
7. Schedule G - Supporting Affidavits: Additional affidavits from witnesses or other family members if required
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