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Late Shiv Sena patriarch Bal Thackeray’s son Jaidev Thackeray. (Source: PTI photo)
LATE SHIV Sena patriarch Bal Thackeray’s son Jaidev on Friday told the Bombay High Court that he is no “longer pursuing his opposition” to the probate petition filed by Uddhav Thackeray to get their father’s will certified by the court. He did not assign any reason for withdrawing his suit. A probate petition is filed to get the will of a deceased person certified by a court of competent jurisdiction.
Bal Thackeray, who died on November 17, 2012, had signed his will on December 13, 2011. With the Sena patriarch not leaving anything in his will for Jaidev, he had moved HC challenging its validity. He had said that his father was of unsound mind and had been influenced by his brother and current Shiv Sena chief, Uddhav, in signing the will.
In January 2013, Uddhav filed the probate petition, which was later challenged by Jaidev.
According to the will, Thackeray has given the first floor of his bungalow to his grandson Aishvarya, 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 to Uddhav. No share has been given to Jaidev and Madhavi, the widow of Thackeray’s eldest son Bindumadhav, who died in a road accident some years ago. Madhavi has not contested the will.
On Friday, Justice Gautam Patel noted that “… the affidavit of Jaidev seeks his opposition to the probate be treated as closed”.
“… Affidavit in support the defendant (Jaidev) makes it clear that he is not ‘withdrawing’ or ‘taking back’ of his caveat. He is not seeking a dismissal of his caveat. He is simply no longer pursuing his opposition to the petition,” the court noted.
The court added: “Accordingly, the petition will now proceed departmentally, uncontested, to the grant of a probate. The Registry is directed not to raise any further requisitions as regards service of citations or other aspect…” It directed the HC registry to issue the probate by November 26.
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