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 ___________
Solemnly affirmed by the said Smt _______________at ____________ this ___ day of ________ Before me
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;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.