Legal Heir Declaration

A Legal Heir Declaration is a sworn statement by a family member naming every surviving legal heir of a person who has died.

Declarant's full name*

Your relationship to the deceased*

Declarant's address*

Deceased's full name*

Date of death*

Place of death

ALL surviving legal heirs — name, age, relationship*

Purpose of this declaration

Place of swearing

Date*

Format:

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DECLARATION OF LEGAL HEIRS I, [declarant_name], being the [relationship_to_deceased] of the late [deceased_name], residing at [declarant_address], do hereby solemnly affirm and declare as follows: 1. That the said [deceased_name] died on [date_of_death]. The death certificate issued by the competent authority is annexed. Place of death: [place_of_death] 2. That the deceased is survived by the following legal heirs, and by no others: [all_legal_heirs] 3. That the persons named above are the ONLY surviving legal heirs of the deceased. No other person has any claim to that status, whether by birth, adoption, marriage or otherwise. 4. That to the best of my knowledge the deceased did not leave any will or testamentary disposition. 5. That this declaration is made for the following purpose: Purpose: [purpose] 6. That I make this declaration knowing that it will be relied upon, and I undertake to indemnify any person or institution acting on it against any loss or claim arising from any statement in it being incorrect. 7. That the statements made above are true to my personal knowledge, that nothing material has been concealed, and that I am aware that a false declaration would render me liable to prosecution in accordance with law. DECLARANT [declarant_name] VERIFICATION I verify that the contents of paragraphs 1 to 7 are true and correct to the best of my knowledge and belief, and that nothing has been concealed. Verified on [declaration_date]. Place: [place] DECLARANT [declarant_name] IDENTIFIED BY ME SWORN AND SIGNED BEFORE ME Advocate Notary Public / Oath Commissioner Regn. No.: Seal:

Notes on using this document

Guidance for you while you fill it in. These notes are not printed in the downloaded document.

NAME EVERY HEIR, INCLUDING THE ONES YOU WOULD RATHER NOT

The single commonest defect in these declarations is an incomplete list of heirs, and it is usually not deliberate. People omit a married daughter, a half-sibling, an estranged son, a child of a predeceased son, or a second spouse, either believing they do not count or hoping to keep things simple.

They do count, and the omission does not simplify anything. It creates a defective declaration that the omitted heir can challenge years later, after the asset has been distributed and sometimes sold on, and it exposes the declarant to the consequences of a false declaration made on oath.

Under the Hindu Succession Act, 1956 as amended in 2005, a DAUGHTER is a coparcener with the same rights as a son, whether married or not. A declaration that omits daughters is not merely unfair: it is wrong.

WHICH DOCUMENT DO YOU ACTUALLY NEED?

This declaration is an affidavit: a sworn statement by a family member. It is often accepted for straightforward purposes, but it is the weakest of the three instruments:

LEGAL HEIR CERTIFICATE: issued by the revenue authorities after their own enquiry. Commonly accepted for utility transfers, pension, provident fund, and mutation in revenue records.

SUCCESSION CERTIFICATE: granted by a civil court under the Indian Succession Act, 1925, directed at DEBTS AND SECURITIES: bank balances, deposits, shares. This is what banks and financial institutions usually require, and an affidavit will not substitute for it.

PROBATE or LETTERS OF ADMINISTRATION: where the deceased left a will, or where a court-appointed administrator is needed. Since section 213 of the Indian Succession Act, 1925 was omitted in December 2025, probate is no longer compulsory anywhere in India, but some institutions still ask for it. If there is a will, this declaration (which states that none is known) is the wrong document.

Ask the institution which one it will accept BEFORE preparing anything. The processes, timelines and costs differ substantially, and preparing the wrong one wastes weeks.

Legal Heir Declaration: what it is

A Legal Heir Declaration is a sworn statement by a family member naming every surviving legal heir of a person who has died. This version records the death, lists all heirs and states that there are no others, says no will is known, gives an indemnity to anyone who relies on it, and is verified and sworn before a notary or oath commissioner.

When you need this document

A bank, insurer or company holding a small balance or policy asks the family to identify the heirs before releasing it.
An employer or pension office needs the heirs of a deceased employee recorded before settling dues.
A housing society, electricity board or municipal office wants proof of heirs before transferring a membership, connection or tax record.
A tehsildar or court asks for a family declaration as one of the papers for a legal heir certificate or succession certificate.

What it covers

The declarant's name, address and relationship to the deceased.
The date and place of death, with the death certificate annexed.
A complete list of surviving legal heirs and a statement that there are no others by birth, adoption or marriage.
A statement that, to the declarant's knowledge, the deceased left no will, and the purpose of the declaration.
An undertaking to indemnify anyone acting on it, an acknowledgment that a false declaration can lead to prosecution, and a verification sworn before a notary or oath commissioner.

How to fill, sign and use it

Ask the bank or office which document it accepts: this declaration, a legal heir certificate from the revenue authorities, a succession certificate, or probate.
List every heir under the personal law that applies to the deceased, including married daughters, children of a predeceased child and a surviving spouse, with age and relationship.
Print it on stamp paper of the value your state requires for affidavits, if any.
Sign and swear it before a notary or oath commissioner, with original ID and the death certificate.
Submit it with the attachments, and keep copies of everything along with the acknowledgment.

Documents to attach or keep with it

Death certificate issued by the registrar of births and deaths.
Identity proof of the declarant and of each heir.
Proof of relationship, such as birth certificates, marriage certificate, ration card or school records.
No objection letters from the other heirs, where the institution is paying one of them.
Copy of the passbook, policy, share certificate or record that is to be transferred.

The law behind it

The declaration is an affidavit sworn under the Oaths Act 1969. Who counts as a legal heir depends on the personal law of the deceased: the Hindu Succession Act 1956 for Hindus, Sikhs, Jains and Buddhists (daughters have equal rights after the 2005 amendment), Muslim personal law for Muslims, and the Indian Succession Act 1925 for Christians, Parsis and others. The 1925 Act also provides for succession certificates for debts and securities. A false statement on oath is an offence under the Bharatiya Nyaya Sanhita 2023.

Common mistakes to avoid

Leaving out a married daughter, an estranged child, a second spouse or a grandchild through a predeceased child.
Saying there is no will without checking papers, lockers and the family lawyer.
Preparing this declaration when the bank actually needs a succession certificate, which wastes weeks.
Writing names that do not match the heirs' identity documents.

Legal Heir Declaration: frequently asked questions

Is a legal heir declaration the same as a legal heir certificate?

No. This declaration is a sworn statement by a family member. A legal heir certificate is issued by the tehsildar or another revenue officer after an enquiry, and many offices prefer it for pension, utility transfers and mutation.

Will a bank accept a legal heir declaration?

For small balances some banks accept a declaration with an indemnity and no objection letters from other heirs, under their own policy. For larger amounts or shares they usually ask for a succession certificate from a civil court. Ask the bank first.

Who can make a legal heir declaration?

Usually an adult heir, such as the spouse or an elder child, who knows the family facts. Some offices want the declaration signed by all heirs or supported by declarations from two unrelated persons.

Do married daughters count as legal heirs?

Under Hindu law, yes. A daughter has the same right as a son in her parent's property, whether or not she is married. Rights under other personal laws differ, but married daughters are heirs in most of them and should be listed.

Does it need to be on stamp paper?

Affidavit stamp requirements vary by state and purpose. Some states require stamp paper of a small value, others accept plain paper sworn before a notary. Check the rule in your state and with the receiving office.

Last updated 11 October 2026.

General information on Indian law, not legal advice for your situation. Stamp duty, registration and fees differ by state, so check with the local office or an advocate before you rely on it.

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