Legal Heir Affidavit Format: List of Heirs of the Deceased
After a death, banks, employers and revenue offices ask the family to declare who the legal heirs are. A legal heir affidavit lists them and states that there are no others.
When you need this affidavit
- Transfer of a bank account, deposit or locker.
- Family pension and provident fund claims.
- Mutation of property in revenue records.
- Supporting an application for a legal heir certificate.
Legal Heir Affidavit format
Non-judicial stamp paper or e-stamp certificate of value Rs. ______________ as applicable in the State of ______________
E-stamp certificate No. ______________ Date of issue ______________
Stamp duty depends on the State and the type of document. Confirm the correct value before printing.
AFFIDAVIT OF LEGAL HEIRS
I, Anjali Verma, D/o Shri Rajesh Verma, aged about 29 years, by occupation Service, residing at House No. 21, Sector 15, Rohini, Delhi 110089, do hereby solemnly affirm and declare as under:
- That I am the daughter of Late Shri Rajesh Verma, who died on 2 May 2026. A copy of the death certificate is attached.
- That the deceased left behind the following legal heirs, and there are no other legal heirs:
- Smt. Sunita Verma, wife, 52 years
- Anjali Verma, daughter, 29 years
- Amit Verma, son, 25 years
- That the deceased had not adopted any child and, to my knowledge, did not leave any will, unless stated otherwise in this affidavit.
- That this affidavit is made for transfer of the bank account and pension of the deceased, and I shall be responsible if any statement in it is found to be false.
DEPONENT
VERIFICATION
Verified at Delhi on 14 October 2026 that the contents of paragraphs 1 to 4 of this affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
DEPONENT
Solemnly affirmed / sworn before me by the deponent, who is identified to me, on ______________
Notary Public / Oath Commissioner: name ______________ Registration No. ______________
Seal and signature ______________
Drafting note: A legal heir certificate is issued by the revenue authority (for example the Tahsildar) under State rules. A succession certificate for debts and securities comes from a civil court. This affidavit supports such applications; it does not replace them.
Registration, if required: Sub-Registrar office ______________ Document No. ______________
How to fill it
| Field | What to write | Tip |
|---|---|---|
| Deceased | Name and date of death. | Attach the death certificate. |
| Relationship | Your relation to the deceased. | As in records. |
| Heirs | Name, relation and age of each heir. | Include all heirs under the applicable succession law, not only those claiming. |
| Will | Whether a will exists. | If there is a will, say so and attach a copy; probate rules may apply. |
| Document | Issued by | Typical use |
|---|---|---|
| Legal heir affidavit | You (sworn before notary) | Supporting claims and applications |
| Legal heir certificate | Revenue authority such as the Tahsildar | Pension, PF, bank accounts, utilities |
| Succession certificate | Civil court (district judge) | Debts and securities of the deceased |
Getting it sworn
- Print on stamp paper if requiredMany offices want affidavits on non-judicial stamp paper or with an e-stamp certificate; the value depends on the State and the office. Some accept plain paper. Ask first.
- Do not sign at homeSign only in front of the notary or oath commissioner, who checks your identity and records the oath or affirmation.
- VerificationThe verification paragraph at the end confirms the contents are true. It is dated and placed, and you sign again under it.
- Collect the attested copyThe notary affixes seal and signature and enters it in the register. Keep photocopies.
Frequently asked questions
Is a legal heir affidavit the same as a legal heir certificate?
No. The affidavit is your sworn statement. The certificate is issued by the revenue authority, such as the Tahsildar, under State rules.
When do I need a succession certificate instead?
A succession certificate is granted by a civil court (district judge) to collect debts and securities of the deceased, such as shares and deposits, where an institution insists on it.
Who decides who the heirs are?
The personal succession law that applies to the deceased. If in doubt, ask an advocate before swearing the list.
Please note: these templates are for general information and are not legal advice. Laws, stamp duty, notarisation and registration rules vary by State. Consult an advocate for your case. This is an independent website, not a law firm and not a government office.