In a relief for Shiv Sena executive president Uddhav Thackeray, the Bombay High Court on Thursday refused to grant interim relief on a plea by his estranged elder brother Jaidev.
Jaidev pleaded that Uddhav be restrained from transferring or alienating the properties mentioned by the late Shiv Sena founder, Bal Thackeray, in his will. Jaidev alleged that Uddhav could use his influence and transfer or alienate the properties.
Justice RD Dhanuka, while rejecting Jaidev's application, observed that under the Indian Succession Act, the court does not have the power to grant interim protection in respect of properties.
"The deceased is a Hindu and hence falls under the category of persons mentioned in section 269 (2) of the Act which has a specific bar on granting interim reliefs," justice Dhanuka observed.
The court added that while hearing a testamentary suit no interim relief could be granted in relation to properties mentioned or not mentioned in the will. "This court cannot decide on title issues while hearing a testamentary suit. Such remedies are available under the Code of Civil Procedure which the applicant (Jaidev) can avail of by filing an independent civil suit," the judge said.
"I am not inclined to accept the arguments of the applicant (Jaidev). When there is a specific bar on granting interim relief in such matters then this court cannot extend its powers," the judge observed, while dismissing Jaidev's application.
dna was the first to report on January 20, 2014 that Bal Thackeray, in his will dated December 13, 2011, had bequeathed a majority of his property to his youngest son Uddhav. Some portion was given to his grandson Aishvarya (Jaidev's son).
Thackeray, who died on November 17, 2012, has not left a farthing for either Jaidev or the family of his son late Bindumadhav. Thackeray had three sons — Bindumadhav (who died in a road accident), Jaidev and Uddhav.
Uddhav, who was anointed the party's executive president by his father, earlier moved the high court to probate Thackeray's will in January 2013.
A probate petition is filed to get the will of a deceased person certified by a court of competent jurisdiction. A probate is granted with the court seal and has a copy of the will attached to it. dna has copies of Uddhav's probate petition.
Jaidev then filed an application challenging the will and sought an interim order preventing Uddhav and others from dealing with the family properties in any manner, either by selling or disposing of or creating third party rights on such assets.
The estate left behind by Thackeray includes property and bank deposits worth Rs14.85 crore, according to the will signed by the Shiv Sena patriarch.
The court also refused to express any opinion on the allegation by Jaidev that Uddhav, being the leader of a political party, would use his influence in the matter.
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