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This is an archive article published on December 11, 2014

‘Only Udhhav was present when Bal Thackeray’s will was first read out’

The will, according to the witness, was read in Thackeray’s bedroom, around seven to 10 days after his death.

According to the witness, the will  was read in Thackeray’s bedroom, around seven to 10 days after his death. According to the witness, the will
was read in Thackeray’s bedroom, around seven to 10 days after his death.

The Bombay High Court was informed Wednesday that when the will of former Shiv Sena supremo Bal Thackeray was read out for the first time after his death, there were no other legal heirs present, apart from his son and Shiv Sena president Uddhav Thackeray.

The witness advocate Flanian D’Souza had earlier told Justice Gautam Patel that he had drafted Bal Thackeray’s will around eight to nine times between 1997 and 2011. Thackeray’s son Uddhav and Jaidev are locked in a legal battle over their father’s will. Udhhav filed a probate petition to get the will certified by the High Court, but Jaidev contested it, saying that according to the will he does not get anything.

When Jaidev’s lawyer examined D’Souza regarding the presence of all legal heirs while the will was being read out, the witness said he had then inquired with one of the will’s executors and family friend and lawyer, late Adhik Shirodkar. “I asked Shirodkar if the family of the deceased had to be present and he said there was no legal requirement,” said D’Souza.

The will, according to the witness, was read in Thackeray’s bedroom, around seven to 10 days after his death. The witness was then asked if the decision to file the (probate) petition was taken prior to the reading out of the will. To this, D’Souza, said, “Shirodkar had stated, considering the (Thackeray’s) personality, and press being curious about his estate, there should not be any delay.”

The first draft of the petition was finalised and thereafter, D’Souza’s affidavit in support of the will was signed at Thackeray’s bungalow Matoshree on January 9, 2014. The affidavit was signed by Uddhav and other executors, namely, Ravindra Mhatre, Anil Parab and D’Souza, who were appointed by Bal Thackeray.

The witness, during the course of the examination, also said a few blank spaces were left in the petition as the same had to filled in with addresses of the executors and names of deceased relatives of Thackeray.The HC, however, pointed out that details filled in by him in his affidavit showed specific paging and mention of  Devanagari script in which Thackeray had signed his will. Justice Patel was curious to know if D’Souza had given the details relying on his memory. The HC wanted to ascertain if the will was tampered with. The examination will continue December 12.

aamir.khan@expressindia.com

Aamir Khan is the Head-Legal Project for Indian Express Digital, based in New Delhi. With over 14 years of professional experience, Aamir's background as a legal professional and a veteran journalist allows him to bridge the gap between complex judicial proceedings and public understanding. Expertise Specialized Legal Authority: Aamir holds an LLB from CCS University, providing him with the formal legal training necessary to analyze constitutional matters, statutes, and judicial precedents with technical accuracy. Experience  Press Trust of India (PTI): Served as News Editor, where he exercised final editorial judgment on legal stories emerging from the Supreme Court of India and various High Courts for the nation's primary news wire. Bar and Bench: As Associate Editor, he led the vanguard of long-form legal journalism, conducting exclusive interviews and producing deep-dive investigative series on the most pressing legal issues of the day. Foundational Reporting: His expertise is built on years of "boots-on-the-ground" reporting for The Indian Express (Print) and The Times of India, covering the legal beats in the high-intensity hubs of Mumbai and Delhi. Multidisciplinary Academic Background: * LLB, CCS University. PG Diploma in Journalism (New Media), Asian College of Journalism (ACJ), Chennai. BSc in Life Sciences and Chemistry, Christ College, Bangalore—an asset for reporting on environmental law, patent litigation, and forensic evidence. ... Read More

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