Legal heirs no objection affidavit is asked though regisered will is provided

kishor78 (Querist) 18 May 2014 This query is : Resolved
My Uncle owned a plot in Pimpri Chinchwad New Town Development area(Pradhikaran), Pune.
He purchased the plot by hiw own earning.Before death, he made registered will and mentioned that after death the plot should be transfered to his eldest son in it.

Before a month, he got expired. When my cousin went to Pradhikaran Office to transfer property on his name with referance to registered will, Land Officer told him that in addition to registered will, they need No Objection Affidavit from all other Legal Heirs as per their procedure.

The problem here is other Legal Heirs refused to provide No Objection Affidavit.We know that they will not challenge Will in court as it is genuine and the property was purchased by uncle with his earning. However they are not co operating us.

Is there any way out here? Please help.

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adv. rajeev ( rajoo ) (Expert) 18 May 2014
If there is a will Pradhikarana Officer cannot demand for no objections from the other heirs of the deceased.

Rajendra K Goyal (Expert) 18 May 2014
You can get the will probated and approach the Pradhikaran. If again refuse, file suit against Pradhikaran. In case of need ask for the relevent instruction through RTI.

Rajeev Kumar (Expert) 18 May 2014
Agree with experts.

Kumar Doab (Expert) 18 May 2014
Usually the process being followed is:
Advt. in two newspapers is given at the cost of legal heir/beneficiary or a proper/prescribed format is handed over and beneficiary is asked to pay fee, attach publication in two newspapers and within 1 month if NO Objection is received by Dev. authority records are updated.

Yes you may submit RTI application, mention about registered WIll and ask the procedure, forms/formats, certified copy apply for full published version of the policy applicable in this regard.

You may proceed accordingly.