Affidavit to Declare the Legal Heirs of a Deceased Employee for Provident Fund Claim (India) by OLL
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Affidavit to declare legal heirs of deceased employee to claim Provident Fund, Super Annuation and other Claims.
Format of Affidavit to declare Legal Heirs of a deceased person to claim Super Annuation, PF and other Benefits.
To claim statutory benefits, Provident Fund, Super Annuation and other dues of a deceased employee, affidavit needs to be filed to declare legal heirs of the employee.
Sample Format of Affidavit to declare legal heir of a deceased employee is given below:
AFFIDAVIT FOR THE DECLARATION OF LEGAL HEIRS OF DECEASED EMPLOYEE FOR CLAIMING PROVIDENT FUND AND OTHER SUPERANNUATION DUES
Before the Chief Officer___________ Bank _____________
In the matter of payment of provident fund and other superannuation dues payable in respect of late Shri ___________________
Affidavit of Smt. ___________, aged about _____ years, widow of late Shri ___________ resident of ___________ ___________ ___________ ___________
I, Smt. ___________, aged about _________ years, widow of late Shri ___________ resident of ___________ do hereby solemnly affirm and state as follows:
1 . My husband Shri ___________ was working as ___________ in ___________ and he died on at ___________ due to accident in the factory.
2. That my husband has not made any nomination under the ___________ Provident Fund Regulations to receive his provident fund and other superannuation dues in case of his death.
3. That my husband Shri ___________ died intestate leaving him surviving myself, and my two minor children, Ms ___________ aged ________ years and Master ___________ aged ___________ years, as his only heirs under the Hindu law, by which he was governed at the time of his death.
4. That apart from myself and the said two minor children, no other person has any right or interest in the money/properties left by the late Shri ___________
5. I am making this affidavit knowing fully well that on the strength of the same, the ___________ will recognise my claim to receive the provident fund, superannuation dues and other amounts payable in respect of late Shri ___________ on behalf of myself and as mother and natural guardian of the said two minor sons, namely Master ___________ and ___________ as the only heirs of my husband late Shri _________
I, Smt. ___________, the above named deponent hereby declare and verify that the contents of paragraphs 1 to 3 and 5 are true to my personal knowledge and the contents of paragraph 4 are based on legal advice which I believe to be true. Nothing material has been concealed and no part of it is false.
Verified at ___________ on this ___________ day of ___________ 20 ___________
DEPONENT
Date: ___________
Solemnly affirmed by the said Smt _______________at ____________ this ___ day of ________ Before me
Notary Public
Section 8 of Hindu Succession Act 1956
8.General rules of succession in the case of males
The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
This is a preview. The full template is free on GitLaw.
This template is an affidavit used in India to declare the legal heirs of a deceased employee who died without a will. It is specifically designed to facilitate the claim of Provident Fund, Superannuation, and other employment benefits by the surviving spouse and children.
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About this template
What is this template?
This is a sworn legal statement made before a Notary Public to establish who is entitled to a deceased worker's employment benefits. It specifically addresses intestate succession under the Hindu Succession Act 1956 and is not a substitute for a Court-issued Succession Certificate or Grant of Probate.
When should you use it?
Use this when an employer or bank requires a formal declaration to release Provident Fund or Superannuation dues to family members in the absence of a registered nominee. If the deceased left a valid Will, a Grant of Probate is the correct document to use instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Employment and Death Particulars | The deponent states the deceased employee's job title, place of work, and the specific date and cause of death. |
| 2 | Absence of Nomination | Confirms that the deceased husband made no formal nomination under the applicable Provident Fund Regulations prior to his death. |
| 3 | Succession and Heirship | Identifies the surviving spouse and minor children as the sole heirs under the Hindu Succession Act 1956. |
| 4 | Exclusivity of Interest | Asserts that no person other than the named deponent and minor children has any legal right to the deceased's properties. |
| 5 | Purpose of Affidavit | States the deponent is making this declaration to induce the employer to release provident fund and superannuation dues. |
Who it's for
- a widow in India claiming a deceased husband's Provident Fund without a valid nomination
- legal heirs of a deceased employee seeking Superannuation dues from an Indian employer
- family members of a Hindu male who died intestate while in service
How long it runs and how it's signed
Law it's drafted under
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