Affidavit Formats for an Insurance Claim (Third Party, Death, Loss) (2026)
The affidavits commonly asked for in insurance and bank death or loss claims: the claimant affidavit, the indemnity bond, and the legal-heir and no-objection affidavit, what each must state, templates, how to file them, and common mistakes. Last verified October 2026.
Format · Affidavits · Insurance Claims
When a policyholder or account holder dies, or a loss is claimed, the insurer or bank usually asks for one or more affidavits before it pays. The common ones are a claimant affidavit, an indemnity bond, and, where there is no nominee, a legal-heir and no-objection affidavit. This guide explains what each affidavit must state, gives usable templates, and sets out how to execute and file them and the mistakes that hold up a claim. Last verified October 2026.
- Three common affidavits: a claimant affidavit, an indemnity bond, and a legal-heir and no-objection affidavit.
- Purpose: to fix who is entitled and to protect the insurer or bank from paying the same money twice.
- Execution: on non-judicial stamp paper of the required state value, notarised, with a surety on the indemnity bond if asked.
- Small vs large claims: small amounts are often settled on these affidavits; large amounts may still need a succession certificate.
01When these affidavits are needed
An insurer or bank pays a claim only after it is satisfied who is entitled to the money and that it will not have to pay twice. Where there is a clear nominee, the process is simpler. Where there is no nominee, or where heirs dispute, or where the amount is large, the insurer or bank asks for affidavits and often an indemnity bond.
Insurance is regulated by the IRDAI and banks by the RBI, and both expect claims to be settled on proper documents. The affidavits are not court pleadings; they are sworn declarations the claimant gives to the insurer or bank to support the claim.
These affidavits exist to protect the payer: they fix who is entitled and promise to make good any loss if someone else later claims the same money.
02The three common affidavits
- Claimant affidavit: the claimant swears to the facts of the claim, such as the death of the policyholder, the relationship, and that the claimant is entitled to the amount.
- Indemnity bond: the claimant (often with a surety) promises to indemnify the insurer or bank if any other person later establishes a better claim to the same money.
- Legal-heir and no-objection affidavit: where there is no nominee, the heirs declare who the legal heirs are, and the other heirs give a no-objection to payment to the claimant.
For small amounts, many banks and insurers settle on these affidavits and an indemnity bond, without a succession certificate. For large amounts, they may still insist on a succession certificate or legal heirship certificate. The threshold and the exact documents vary by insurer and bank, and by state.
03The claimant affidavit template
Use this skeleton on non-judicial stamp paper of the required value, and have it notarised. Replace the text in square brackets.
AFFIDAVIT
I, [name], aged [__], [occupation], resident of
[address], do solemnly affirm and state on oath:
1. That [late Mr/Ms name], who held [Policy No. /
Account No. ______] with [insurer / bank], expired
on [date] at [place], as per the death certificate.
2. That I am the [relationship, e.g. spouse / son /
nominee] of the deceased, and the claimant to the
proceeds of the said [policy / account].
3. That the deceased did / did not leave a nomination
in respect of the said [policy / account].
4. That the legal heirs of the deceased are: [names and
relationships of all heirs].
5. That there is no dispute among the heirs regarding
the claim, and no other person is entitled to the
said amount.
6. That I undertake to inform [insurer / bank] of any
fact affecting this claim.
I state that the contents of this affidavit are true and
correct to the best of my knowledge, and nothing material
has been concealed.
DEPONENT
VERIFICATION
Verified at [place] on [date] that the contents are true.
DEPONENT04The indemnity bond template
An indemnity bond is usually executed on stamp paper, with one or two sureties where the insurer or bank requires. Replace the text in square brackets.
INDEMNITY BOND
This deed of indemnity is made on [date] by [name,
address] (the "Claimant") [and [surety name, address]
(the "Surety")] in favour of [insurer / bank].
WHEREAS [late name] held [Policy No. / Account No.
______] and expired on [date], and the Claimant has
claimed the proceeds of Rs [amount].
NOW THIS DEED WITNESSES that:
1. In consideration of [insurer / bank] paying the said
amount to the Claimant, the Claimant [and Surety]
jointly and severally undertake to keep [insurer /
bank] fully indemnified against any loss, claim, or
demand that may arise if any other person establishes
a better right to the said amount.
2. The Claimant [and Surety] shall refund the amount, or
make good the loss, on demand.
IN WITNESS WHEREOF the parties have signed this deed.
_______________________ _______________________
Claimant Surety (if required)
Witnesses: 1. ___________ 2. ___________05How to execute and file them
- Get the claim form first, because the insurer or bank often has its own prescribed affidavit and indemnity formats; use theirs if given.
- Use the correct stamp paper: execute the affidavit and indemnity bond on non-judicial stamp paper of the value required in your state.
- Fill in accurate details: the policy or account number, the date of death, the relationship, and all legal heirs.
- Arrange a surety for the indemnity bond if the insurer or bank asks for one.
- Notarise or attest the affidavit as required, before a notary or an authorised officer.
- Attach supporting documents: death certificate, identity and relationship proof, and the policy or passbook.
06Where to file them
File the affidavits with the insurer or the bank handling the claim, along with the claim form and supporting documents. These are submitted to the insurer or bank, not to a court, unless the claim ends up in litigation, such as before the insurance ombudsman, a consumer forum, or, for motor accident third-party claims, the Motor Accident Claims Tribunal.
Keep certified copies of everything you submit, and note the claim reference number, so you can follow up and escalate if the claim is delayed or rejected.
07Common mistakes
- Not using the insurer's or bank's own format when one is prescribed.
- Wrong stamp paper value, which can make the document unacceptable.
- Leaving out an heir in the legal-heir declaration, which invites later disputes.
- No surety on the indemnity bond where one is required.
- Missing notarisation or attestation.
- Mismatched details between the affidavit, the death certificate, and the policy records.
08Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A rejected or delayed claim can turn into a dispute before the insurance ombudsman, a consumer forum, or a tribunal, and then it becomes a live case. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, and searches 30 crore+ judgments with results in under 5 seconds. So you can research how forums have decided death and third-party claims, and follow a live matter by party or advocate name.
Claw does not use customer case documents to train AI models. Create a FREE Claw account to track the case by party or advocate name. To research the wider body of law, see case search across Indian courts.
09Sources and further reading
- IRDAI (insurance regulator): irdai.gov.in
- India Code (Indian Succession Act and related laws): indiacode.nic.in
- Claw: clawlaw.in
This guide is general information, not legal advice. Each insurer and bank has its own forms, and stamp and documentation rules vary by state, so use the payer's current format and take advice from counsel before you file.
10Frequently asked questions
What affidavits does an insurer ask for on a death claim?
Usually a claimant affidavit swearing to the death and the claimant's entitlement, an indemnity bond protecting the insurer, and, where there is no nominee, a legal-heir and no-objection affidavit from the other heirs. Many insurers have their own prescribed formats.
What is an indemnity bond in an insurance or bank claim?
An indemnity bond is a sworn promise by the claimant, often with a surety, to make good any loss if another person later establishes a better right to the same money. It lets the insurer or bank pay the claimant without the risk of paying twice.
Do I need a succession certificate to claim?
Not always. For small amounts, many banks and insurers settle on affidavits and an indemnity bond. For large amounts, they may insist on a succession certificate or legal heirship certificate. The threshold varies by insurer, bank, and state.
On what stamp paper is the affidavit made?
These affidavits and indemnity bonds are executed on non-judicial stamp paper and notarised. The stamp value is fixed by the state, so it varies, and using the wrong value can make the document unacceptable. Check your state's requirement.
Where do I submit these affidavits?
To the insurer or the bank handling the claim, with the claim form and supporting documents such as the death certificate and policy. They go to the payer, not a court, unless the claim becomes a dispute before the ombudsman, a consumer forum, or a tribunal.
Can I track an insurance dispute in Claw?
Yes. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, with results in under 5 seconds, so you can follow a claim dispute by party or advocate name. It tracks and researches the case but does not give legal advice.