Jaidev Thackeray, the estranged son of late Shiv Sena chief Bal Thackeray, has opposed the probate petition filed by Uddhav Thackeray and sought one-third share in the family properties.
He raised the issue in the high court on Monday when court was hearing Uddhav's petition.
dna was the first to report, on January 20, that Thackeray, in his will dated December 13, 2011, had bequeathed majority of his property to his youngest son, Uddhav. Some portion has been given to his grandson, Aishvarya (Jaidev's son), but has not left a farthing to either Jaidev or the family of his late son, Bindumadhav.
Justice RD Dhanuka kept the petition for framing of issues on May 5.
During the hearing, Jaidev's advocate, Seema Sarnik, opposed the petition saying that the late Thackeray could not have left such a will. She argued that Jaidev should be given one-third share in the family property.
Uddhav's counsel from Kanga and Company, opposed this saying that such a claim could not be entertained in a probate petition.
On April 3, the HC had refused to grant interim relief to Jaidev on his application seeking to restrain Uddhav from transferring or alienating the family properties mentioned in the purported will.
Justice RD Dhanuka, while rejecting the application, had observed that under the Indian Succession Act, the court did not have the powers to grant interim protection in respect of properties. He observed: "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."
Uddhav, who was anointed party's executive president by his father, had earlier moved the HC to probate the will of Thackeray, who died on November 17, 2012. He filed the probate petition in January 2013. A probate petition is filed to get the will of a deceased person certified by a court of competent jurisdiction. The 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 had then filed an application challenging the will and seeking interim order directing 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 senior includes immovable property and bank deposits worth Rs14.85 crore.
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 to further his end.
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