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Only Uddhav was present when Bal Thackeray made will, says witness

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A witness on Wednesday told the Bombay High Court that only Shiv Sena president Uddhav Thackeray was present during the reading of the will of party supremo Bal Thackeray.

Senior Thackeray, who died on November 17, 2012, left majority of his estate to Uddhav. His He did not leave a farthing to estranged son Jaidev, who has challenged the probate petition filed by Uddhav, alleging that senior Thackeray was not in sound mind while executing the will.

Advocate F D'Souza, who is an attesting witness (witness in whose presence a will is signed), was being cross examined before Justice Gautam Patel in the Bombay high court.

Seema Sarnaik, advocate for Jaidev, questioned D'Souza regarding who all were present at the time when senior Thackeray's will was read on January 9, 2013.

D'Souza answered that apart from Uddhav, executors of the will -- Sena leader and lawyer Anil Parab, architect Sashi Prabhu, former MP and senior counsel Adhik Shirodkar and Ravindra Mhatre, who was late Thackeray's personal assistant -- were present.

Ideally, at the time of reading of a will, all legal heirs, even if they have been disowned, should remain present.

On a query, D'Souza said that he did not contact other family members as he did not know them personally and did not have their contact numbers.

Sarnaik asked D'Souza, if as an advocate, he informed Uddhav or Ravindra Mhatre, that other legal heirs should remain present. He replied that he consulted Shirodkar who said that it was not legally required for all heirs to remain present at the time of reading of the will.

Shirodkar passed away early this year.

Interestingly, drafting of the probate petition which was to be filed in HC, began in mid December 2012, more than a fortnight before the reading of the will.

The petition was finalised and affirmed by the witnesses and executors on the very night of the reading of the will.

Even justice Patel grilled D'Souza about the urgency in affirming the probate petition on the very same day.

D'souza also said Thackeray always signed the will in Devnagari script and underlined it with the date. Earlier he had told the court that Thackeray's will had been updated or amended eight times over the years.

The cross-examination will continue on December 12.

All about the dispute

The estate left behind by Thackeray includes property and bank deposits worth Rs 14.85 crore, according to the will signed by the Sena patriarch. dna was the first to report on January 20 that Thackeray, in his will, bequeathed a majority of his property to his youngest son, Uddhav. A portion has been given to his grandson, Aishvarya (Jaidev's son). Thackeray has not left a farthing for either Jaidev or the family of his late son, Bindumadhav, who died in a road accident). Uddhav had earlier moved the High Court in January 2013 to probate the will of his father, who died on November 17, 2012. A probate petition is filed to get the will of a deceased person certified by a court of competent jurisdiction.

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