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Affidavit for Getting Legal Heir Certificate from WB Government

This affidavit serves as a formal declaration by an heir regarding the deceased, detailing their relationship, property, legal heirs, and any existence of a will. It must be attested by a magistrate on non-judicial stamp paper, with additional documentation like a death certificate required. Legal heirs must verify the contents.

AFFIDAVIT

(To be attested by a 1st Class Magistrate / Sub-Judge on Non-Judicial Stamp Paper of Rs. 10/-)

I, Shri/Smt. โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ,
wife/son/daughter of Shri โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ,
resident of โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ,

do hereby solemnly affirm and declare as follows:

  1. Thatย Late Shri/Smt. โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆย was myย father/mother/husband/wife/grandfather/grandmother/father-in-law/mother-in-law, and he/she expired onย โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ.
  2. That the deceased was theย lessee of Property No. โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ.
  3. That the lease in respect of the said property was registered asย Registration No. โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ, Additional Book No.ย โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ, Volume No.ย โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ, on pagesย โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ to โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ, datedย โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ.
  4. That the deceased left behind the following legal heirs under theย Hindu Succession Act, including myself, namely: widow/widower, mother, son(s), daughter(s), widow of predeceased son, children of predeceased son/daughter, etc. The details of the legal heirs are given below:
Sl. No.NameAgeRelationship with DeceasedAddress
1.
2.
3.
4.
5.
6.
  1. That the deceased didย notย leave behind any other legal heir except those named above.
  2. (Choose whichever is applicable):
    • That the deceased left behind aย Will dated โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ, bequeathing the aforesaid property in favour ofย โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ, which isย registered / unregistered. The said Will is genuine, and I haveย no objectionย to the same being acted upon.
      OR
    • That the deceasedย did not leave behind any Will.

VERIFICATION

I, the above-named deponent, do hereby verify that the contents of paragraphs 1 to 6 of this affidavit are true and correct to my knowledge and belief and that nothing material has been concealed therefrom.

Verified and signed at โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ on this โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ day of โ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ.

DEPONENT


IMPORTANT NOTES

  1. Anย attested copy of the Death Certificateย of the deceased must be enclosed.
  2. Names of heirs of anyย predeceased son(s) or daughter(s)ย of the deceased must be mentioned in Clause 4 along with their respective relationships.
  3. If the deceased left behind aย Will, all legal heirs shall also state in their respective affidavits that the Will is genuine and that they have no objection to its being acted upon.
  4. If the Will isย unregistered, a copy of the Will duly attested by aย Gazetted Officer or Notary Publicย shall be enclosed.
  5. Ifย No-Objection affidavitsย from all legal heirs cannot be obtained, the beneficiary/beneficiaries must obtain aย Probate of the Willย from a competent court of law.
  6. If the Will has beenย probated, No-Objection affidavits from legal heirs are not required. However, aย certified copy of the Probate Order along with the Willย must be furnished.
  7. If any legal heir wishes toย relinquish his/her rights, he/she must execute and register aย Relinquishment/Release Deedย in favour of the concerned heir(s).
    • Theย original or certified copyย of the deed must be submitted.
    • Persons executing a relinquishment deed need not submit affidavits; only theย releaseeย shall submit an affidavit.
    • Minors cannot relinquish their rights.
  8. If the deceased left behindย no Willย and no relinquishment deed has been executed,ย all legal heirs must submit affidavits.
  9. All affidavits must be executed onย Non-Judicial Stamp Paper of Rs. 10/-ย and attested by aย 1st Class Magistrate/Sub-Judge. Copies of the Death Certificate, Will, or Power of Attorney may be attested by any one of the following:
    • Gazetted Officer
    • Notary Public (with notarial stamp of Rs. 3/-)
    • Member of Parliament
    • Member of Metropolitan Council