The late Bal Thackeray's will, dated Dec 13, 2011, has opened a can of worms with the Bombay high framing a number of questions that have to be answered following allegations by his estranged son, Jaidev Thackeray, that the Shiv Sena supremo was not of sound mind while executing the will.
Justice RD Dhanuka on Tuesday framed the questions following submissions by counsels for Uddhav and Jaidev, Rajesh Shah and Seema Sarnaik, respectively.
The brothers will now put forth their side through documents as well as by answering the questions raised.
The first issue is whether the will was executed and attested by late Thackeray. "Whether the deceased (Thackeray) was of sound and disposable mind at the time of executing the will," is the second issue. The last issue is "whether Uddhav is entitled to probate of the will."
Shah and Sarnaik have submitted that they are in the process of inspecting the relevant documents which would then be submitted to the court.
Justice Dhanuka has asked the parties to then submit 'acceptance' and 'denials' of the documents.
The HC has kept the matter for admissibility of documents on Aug 25.
Jaidev had filed a caveat in HC, which is hearing probate petition filed by Uddhav.
dna was the first to report, on Jan 20, that Thackeray, in his will had 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. He has three sons—Bindumadhav (who died in a road accident), Jaidev and Uddhav.
Probate petition
Uddhav, who was anointed party's executive president by his father, had moved the high court in Jan 2013 to probate Thackeray's will. Thackeray died on Nov 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 Rs 14.85 crore, according to the will signed by the Sena patriarch.
