How do I write an affidavit of legal heirship?
An affidavit of heirship is a sworn statement, made by one of the legal heirs before a notary or magistrate, recording who died, when, and who all the surviving legal heirs are and how each is related. It is executed on non-judicial stamp paper of the value your state prescribes, and it is the document that lets an institution settle a claim without a court certificate. Leave one heir off it and the claim will come back.
What it must state
The full name of the deceased as it appears on the death certificate, the date and place of death, and a statement that they died without leaving a will (or identifying the will, if there is one). Then a complete list of every surviving legal heir — spouse, children, and for a Hindu man his mother — with each person's full name, age, relationship and address. Finally, a declaration that no one has been left out and that the deponent is aware of the consequences of a false statement.
The list is the point. Institutions rely on it to be sure no one will appear later with a competing claim, which is why an omitted heir — a married daughter, a child from an earlier marriage — is the commonest reason for rejection.
Formalities
Non-judicial stamp paper, with the value set by your state's stamp law — typically between ten and one hundred rupees, but check. Sworn before a notary public or an executive magistrate, who signs and seals it. Some institutions want it on their own format, so ask for that before you draft.
How it fits with the other documents
It sits alongside no-objection letters from the heirs who are not claiming and an indemnity bond from the one who is. Together those three are what a bank or fund accepts instead of a succession certificate for balances below its limit. We prepare all three, populated from the family details you give us, as part of every pack.
Find out what your case needs
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Related
Last reviewed 2026-08-31. This is general information, not legal advice. Institution requirements change — confirm before you file.