Uddhav Thackeray, who took over as Shiv Sena president after his father's death in November 2012, is one of the beneficiaries of Bal Thackeray's will. Justice Dhanuka had observed that under the Indian Succession Act, his court does not have the powers to grant interim protection in respect of properties.
“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 HC had observed. After Uddhav moved the High Court to probate the will, Jaidev filed an application challenging it. So the the probate petition filed by Uddhav was converted into a testamentary suit.
The estate left behind by Bal Thackeray includes property and bank deposits worth Rs 14.85 crore The court had earlier also refused to express any opinion on Jaidev's allegation that Uddhav, being the leader of a political party, would use his influence to get the will executed.
According to Jaidev's affidavit, his father's property was worth much more than what is stated in the probate petition; the suburban Bandra bungalow ‘Matoshri' itself was worth Rs 40 crore, it said.
Although he had separated from his father some years ago, the two had a cordial relationship and the senior Thackeray could not have signed a will in which Jaidev had not been given any share in the family property, he said.
The will bequeaths the first floor of Thackeray bungalow to his grandson Aishvarya, the son of Jaidev and his divorced wife Smita. The second floor has been bequeathed to Uddhav and his sons Aditya and Tejas. The ground and third floors have been given exclusively to Uddhav.
Jaidev, and Madhavi, the widow of Thackeray's eldest son Bindumadhav who died in a road accident some years ago, get no share. Madhavi has not contested the will. Former Sena Rajya Sabha MP and senior advocate Adhik Shirodkar, lawyer Anil Parab, architect Shashi Prabhu and Thackeray's personal assistant Ravindra Mhatre are named as executors of the will. Advocate Shirodkar passed away recently.
Dr Jalil Parkar, Bal Thackeray's personal physician, is the witness in whose presence he signed the will.
