Death claim affidavit

e-StampNotary

The situation behind this document

Someone has died and there is money or an interest to be released - a savings balance, a fixed deposit, a policy, provident fund or gratuity, a share folio, or a co-operative housing society share. The institution holding it faces a simple risk: if it pays the wrong person, it pays twice. So it asks the claimant to state the facts on oath, to identify all the heirs, and usually to indemnify it against any later claim.

That is the whole purpose of a death claim affidavit. It is not a determination of who inherits. The notary administers the oath under section 8(1)(e) of the Notaries Act, 1952 and completes the act under signature and seal as section 8(2) requires. The seal certifies the swearing, not the truth of what is sworn, and every claims officer knows it.

What a proper claim file looks like

• The claim form of that institution, in its own format - always ask for it before drafting anything.
• Death certificate, and where the death was in hospital or unnatural, whatever the institution asks for in addition.
• The affidavit of the claimant, setting out the relationship, the date of death, the full list of heirs, and the basis of the claim.
• No-objection from the other heirs, or their joining as co-deponents.
• An indemnity bond, often with one or two sureties whose means the institution will check.
• Identity and address proof of the claimant and, in most cases, of the sureties.

Nomination, and what it does not do

Where there is a valid nomination the payment is usually straightforward, and the affidavit is shorter. But be clear on the legal position: a nominee is a receiver, not an owner. The nominee holds the money for those entitled under succession law or under the will. Nomination does not override succession and does not defeat a will. Families that treat a nomination as a transfer of ownership end up in litigation years later, often between siblings who were on good terms at the time of the claim.

Where a will exists

If the deceased left a will, the claim should follow the will. A will under section 63 of the Indian Succession Act, 1925 needs the testator's signature and attestation by two or more witnesses, each having seen the testator sign and each signing in the testator's presence; they need not both be present at the same time. There is no stamp duty on a will. Institutions may still ask for a court grant even where a will exists, particularly for larger amounts - so ask first rather than assuming the will settles the matter at the counter.

Why these claims stall

• An heir left out. The commonest single cause. A predeceased son's children, a child of an earlier marriage, a second spouse.
• Name mismatch. The deceased's name on the passbook or policy differs from the death certificate - initials, a maiden surname, a spelling. This needs to be reconciled squarely, not glossed over.
• The wrong claimant. A son claims where the nominee is the widow, or the widow claims where the account was joint with a survivorship clause.
• An unsigned or unwitnessed indemnity, or sureties whose documents the bank rejects.
• The institution's own format ignored in favour of a general affidavit downloaded from somewhere.
• Contradiction with the heirship papers. The affidavit and the varsai or legal heir affidavit name different sets of people.

What to bring

• Death certificate, original and photocopy
• The institution's claim form and its written list of requirements
• Passbook, policy document, share certificate or account statement for the claim
• Identity and address proof of the claimant and of every other heir
• Nomination record if there is one, and the will if one exists
• Identity and income or property papers of the proposed sureties for the indemnity
• Legal heir or varsai certificate if already obtained

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