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Affidavit Of Successor for India

Affidavit Of Successor Template for India

An Affidavit of Successor is a legal document commonly used in Indian jurisdiction to establish a person's right to inherit or succeed to the estate of a deceased individual. The document serves as a sworn statement that details the deponent's relationship to the deceased, lists all legal heirs, and provides information about the assets being claimed. This document is particularly important in the Indian legal system where it helps facilitate the transfer of assets, bank accounts, and other properties from the deceased to their rightful heirs, especially in cases where a formal succession certificate may not be immediately required or where the process needs to be expedited.

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Affidavit Of Successor

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What is a Affidavit Of Successor?

The Affidavit of Successor is a crucial legal instrument in Indian succession law, primarily used when heirs need to establish their right to inherit a deceased person's assets. This document becomes necessary in various situations, such as accessing bank accounts of the deceased, transferring property titles, or claiming insurance benefits. The affidavit must comply with the Indian Succession Act, 1925, and related legislation, requiring proper notarization and often submission to relevant authorities. It includes detailed information about the deceased, the deponent's relationship to them, a complete list of legal heirs, and descriptions of relevant assets. While not always a substitute for a formal succession certificate, an Affidavit of Successor often serves as an initial document that banks, insurance companies, and other institutions may accept to process inheritance-related transactions.

What sections should be included in a Affidavit Of Successor?

1. Title and Declaration: States that this is an affidavit and includes the deponent's solemn declaration

2. Deponent Details: Full name, age, address, and occupation of the person making the affidavit

3. Deceased Person Details: Full name, date of death, last address, and relationship to the deponent of the deceased person

4. Statement of Death: Confirmation of death, including date, place, and circumstances if relevant

5. Legal Heir Statement: Declaration of the deponent's right to succeed as heir, including the basis of the claim

6. List of Legal Heirs: Complete list of all legal heirs of the deceased, their relationships and addresses

7. Assets Description: Details of the deceased's assets and properties being claimed

8. Verification Clause: Statement verifying that all information provided is true and correct

What sections are optional to include in a Affidavit Of Successor?

1. Will Reference: Include when the deceased left a valid will, providing details of the will and its provisions

2. No Objection Statements: Include when other legal heirs have provided their consent to the succession

3. Previous Legal Proceedings: Include if there have been any previous legal proceedings regarding the succession

4. Religious Law Application: Include when succession is governed by specific religious personal laws

5. Liability Statement: Include when there are known liabilities or debts of the deceased that need to be addressed

What schedules should be included in a Affidavit Of Successor?

1. Schedule A - Asset Details: Detailed list and description of all assets including property, bank accounts, investments, etc.

2. Schedule B - Death Certificate: Certified copy of the death certificate

3. Schedule C - Identity Proof: Copies of identity documents of the deponent and deceased

4. Schedule D - Relationship Proof: Documents proving relationship between deponent and deceased

5. Schedule E - Other Heir Consents: Written consent letters from other legal heirs, if any

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses

















Relevant Industries

Legal Services

Banking

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