An Affidavit of Descent is a crucial legal document utilized in Indian jurisdiction when a person dies and their legal heirs need to establish their right to inherit the deceased's property and assets. This affidavit becomes particularly important in cases where formal probate proceedings are not required or when dealing with smaller estates. The document contains sworn statements about the deceased's family relationships, details of their assets, and the identity of all legal heirs. Commonly used in property transfers, banking transactions, and other asset transfers, the Affidavit of Descent must comply with various Indian laws including the Indian Succession Act, personal laws based on religion, and state-specific regulations. It serves as a cost-effective alternative to formal probate proceedings while providing legal protection to both the heirs and institutions dealing with the deceased's assets.
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1. Declarant Information: Identifies the person making the affidavit, including their full name, age, address, and relationship to the deceased
2. Deceased Person's Information: Details about the deceased person including full name, date of death, last address, and marital status at time of death
3. Statement of Authority: Establishes the declarant's authority to make statements about the deceased's family and property
4. Family Structure Declaration: Lists all immediate family members of the deceased, including spouse(s), children, and other heirs
5. Property Description: General description of the deceased's property and assets that are subject to inheritance
6. Heir Verification: Confirms that the listed heirs are all the known legal heirs of the deceased
7. Declaration of Truth: Sworn statement that all information provided is true and correct to the best of the declarant's knowledge
8. Verification Clause: Standard clause stating the affidavit is being sworn under oath
1. Multiple Marriage History: Required when the deceased had more than one marriage, listing all spouses and dates of marriages/divorces
2. Adoption Declaration: Required when there are adopted children among the heirs
3. Disclaimer of Interest: Used when any heir wishes to disclaim their inheritance rights
4. Prior Will Statement: Required when declaring the existence or non-existence of a will
5. Debt Declaration: Statement regarding known debts of the deceased, used when relevant to the inheritance
6. Contest Declaration: Required when there are known disputes or potential claims against the inheritance
1. Schedule A - Property Details: Detailed list and description of all real property owned by the deceased
2. Schedule B - Personal Assets: Detailed inventory of personal property, bank accounts, investments, and other assets
3. Schedule C - Family Tree: Detailed family tree showing relationships between the deceased and all heirs
4. Schedule D - Supporting Documents: List of attached documents such as death certificate, marriage certificates, birth certificates of heirs
5. Schedule E - Witness Statements: Additional sworn statements from witnesses confirming family relationships or other relevant facts
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