HC rejects Jaidev's plea for share in Bal Thackeray's property

MUMBAI: The Bombay High Court today rejected the application of Jaidev Thackeray, the estranged son of the late Shiv Sena supremo Bal Thackeray, seeking a share in the properties left behind by his father.

Turning down Jaidev's plea as "not maintainable", Justice R D Dhanuka said his court, being a testamentary court, had no jurisdiction to entertain such a claim.

A testamentary court is one which hears the petitions seeking probate of a will.

In the present case, Udhav Thackeray, Bal Thackeray's youngest son, has filed a probate petition, to get his father's will certified by the court.

Jaidev filed `a caveat', opposing the probate and questioning the will which cuts him out of the family property. He claimed that Bal Thackeray would not have denied him a share in the property.

The High Court, however, held that Jaidev did not follow the correct procedure; he filed a caveat and pleaded that it may be treated as `letters of Administrations.

The letters of Administration is a formal document issued by a court appointing a manager of the assets and liabilities of the estate of the deceased person.

Justice Dhanuka said Jaidev should have filed a separate application for letters of Administration or he should have filed a separate suit seeking partition of family property.

His present plea for share in the property cannot be entertained because a testamentary court does not have the powers to decide such claim, the Judge opined.

The Court posted the matter to June 23 for framing of issues.