Bombay High Court rejects Bal Thackeray's estranged son Jaidev's plea on will
The Bombay High Court dismissed the plea of Jaidev to restrain his brother Uddhav and other family members from selling or disposing of the family property.
The Bombay High Court on Thursday dismissed the plea of Jaidev, estranged son of late Shiv Sena chief Bal Thackeray, seeking to restrain his brother Uddhav and other family members from selling or disposing of the family property.
Rejecting the petition, Justice RD Dhanuka said the court did not have the powers to grant interim protection in cases of property under the Indian Succession Act. It may be noted that though Jaidev's son Aishwarya got a share in the property, Balasaheb did not bequeath anything to Jaidev.
"I am not inclined to accept the applicant's arguments. When there is a specific bar on granting interim relief in such matters, this court cannot extend its powers," Justice Dhanuka said.
Jaidev had questioned the content of the will as per which his father had alienated him. He claimed that though he left Matoshree, the residence of Balasaheb, he maintained cordial relations with his father.
In the petition, Jaidev contended that Balasaheb could not have signed the will as his health problems had resulted in 'cognitive dysfunction'. Moreover, it was inconceivable that while his father gave his entire life to the cause of promoting and propagating the Marathi cause, the will was in English, he had petitioned. "I have all the love and affection for my son, Jaidev whom I consider to be a brilliant boy. Unfortunately, Jaidev has led a rebellious life. Several years ago, Jaidev, on his own accord left Matoshree. Jaidev and his wife Smita are divorced and he resides elsewhere with his present wife. All this has hurt me a lot and has made me decide not to leave any part of my estate to him," Balasaheb's will purportedly said.
Jaidev, however, clarified that he was neither claiming any property right nor challenging Uddhav's rights over it.
He had also disputed value of assets mentioned in the will at Rs 14.85 crore, saying the Matoshree bungalow is itself worth around Rs 40 crore. Uddhav got the lion's share in his father's estate with the entire ground floor and third floor of Matoshree going to him. He also shares the second floor with his sons Aditya and Tejas. The first floor has been given to Jaidev's son Aishwarya from his first wife Smita. Madhavi - the widow of Thackeray's eldest son Bindumadhav - also did not get anything.