Jaidev Thackeray, the estranged son of late Shiv Sena chief Bal Thackeray, has claimed he has right to protection against his younger brother Uddhav transferring or alienating their father's property till the time the Bombay high court decides on the contentions on the will.
Justice RD Dhanuka is likely to pass an order on Jaidev's notice of motion on Thursday.
dna was the first to report on January 20 that Thackeray, in his will dated December 13, 2011, has bequeathed a majority of his property to Uddhav. Some portion has been given to his grandson Aishvarya (Jaidev's son). Nothing has been left for either Jaidev or the family of his late son, Bindumadhav, who died in a road accident.
Jaidev has questioned the will, saying his father could not have signed it in view of his several health problems, which resulted in "cognitive dysfunction".
Seema Sarnaik, Jaidev's counsel, argued that Uddhav could use his influence to transfer or alienate the property before the court decides on the issue. Saranik said they are seeking interim relief in terms of protections of properties mentioned in the will till the issue is settled.
She argued that Jaidev has neither challenged Uddhav's right over the property nor has he claimed title over it.
Justice Dhanuka, however, observed that the provision of interim protection of property applied to only forcibly occupied property.
Counsel from Kanga and Company, appearing for Uddhav, opposed the notice of motion saying it was not maintainable. Uddhav has contended that in case there are more than one will, then it can be challenged, but, in this case, there is only one will.
The court has asked both the sides to furnish additional documents in the matter and serve them to each other.