The Bombay high court on Monday dismissed the application filed by Jaidev, estranged son of late Shiv Sena supremo Bal Thackeray, seeking one third share in the family property. The court observed that it (application) was not maintainable.
Justice RD Dhanuka dismissed the application stating that Jaidev had not followed the proper procedure for claiming his rights in the property.
Jaidev had filed a caveat in the high court which is hearing a probate petition filed by his brother Uddhav.
dna was the first to report on January 20 that Thackeray, in his will dated December 13, 2011, has bequeathed majority of his property to his youngest son, Uddhav. Some 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. Thackeray had three sons — Bindumadhav (who died in a road accident), Jaidev and Uddhav.
Jaidev then filed an application seeking that his caveat should be treated as Letters of Administration, which is usually filed to claim share in property.
The high court dismissed the application observing that it was a testamentary court and hence had no jurisdiction to decide on Jaidev's plea. "Applicant (Jaidev) has not followed proper procedure, hence his plea is not maintainable," said Justice Dhanuka.
If any person wants to oppose a testamentary petition, he/she has to file a Letters of Administration or file a separate suit for partition. Only then the high court can ask the commissioner to distribute the property.
The high court has also rejected Jaidev's prayer that Uddhav should be restrained from transferring or alienating family properties mentioned in the purported will.
Uddhav's counsel from Kanga and Company opposed the same saying that such claim cannot be entertained in a probate petition.
Uddhav, who was anointed Shiv Sena's Executive President by his father, had earlier moved the High Court in January 2013 to probate the will of Thackeray, 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. 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.
The estate left behind by Thackeray includes property and bank deposits worth Rs14.85 crore, according to the will signed by the Sena patriarch. A copy of the will has been attached to the probate petition filed by Uddhav.
The court also refused to express any opinion on the allegations levelled by Jaidev that Uddhav being the leader of a political party would use his influence.
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