Affidavit for Getting Legal Heir Certificate from WB Government

AFFIDAVIT

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

I, Shri/Smt. ……………………………………………………………,
wife/son/daughter of Shri ……………………………………………………………,
resident of ………………………………………………………………………………,

do hereby solemnly affirm and declare as follows:

1. That Late Shri/Smt. …………………………………………………………… was my father/mother/husband/wife/grandfather/grandmother/father-in-law/mother-in-law, and he/she expired on …………………………………….
2. That the deceased was the lessee of Property No. …………………………………………………………….
3. That the lease in respect of the said property was registered as Registration No. ………………………, Additional Book No. ………………, Volume No. ………………, on pages ……………… to ………………, dated …………………………………….
4. That the deceased left behind the following legal heirs under the 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:

5. That the deceased did not leave behind any other legal heir except those named above.
6. (Choose whichever is applicable):
   • That the deceased left behind a Will dated ………………………, bequeathing the aforesaid property in favour of …………………………………………………………, which is registered / unregistered. The said Will is genuine, and I have no objection to the same being acted upon.
     OR
   • That the deceased 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 …………………………………… on this ……………… day of …………………….

DEPONENT

IMPORTANT NOTES

1. An attested copy of the Death Certificate of the deceased must be enclosed.
2. Names of heirs of any predeceased son(s) or daughter(s) of the deceased must be mentioned in Clause 4 along with their respective relationships.
3. If the deceased left behind a 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 is unregistered, a copy of the Will duly attested by a Gazetted Officer or Notary Public shall be enclosed.
5. If No-Objection affidavits from all legal heirs cannot be obtained, the beneficiary/beneficiaries must obtain a Probate of the Will from a competent court of law.
6. If the Will has been probated, No-Objection affidavits from legal heirs are not required. However, a certified copy of the Probate Order along with the Will must be furnished.
7. If any legal heir wishes to relinquish his/her rights, he/she must execute and register a Relinquishment/Release Deed in favour of the concerned heir(s).
   • The original or certified copy of the deed must be submitted.
   • Persons executing a relinquishment deed need not submit affidavits; only the releasee shall submit an affidavit.
   • Minors cannot relinquish their rights.
8. If the deceased left behind no Will and no relinquishment deed has been executed, all legal heirs must submit affidavits.
9. All affidavits must be executed on Non-Judicial Stamp Paper of Rs. 10/- and attested by a 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