A civil court has rejected an application filed by Jayant and Shriniwas Joshi—sons of late classical singer Bhimsen Joshi—challenging the petition filed by their stepbrother Raghvendra Joshi—the late singer’s son from his first wife—to get his share in the property left behind by the late Bharat Ratna awardee.
The brothers had contested Raghvendra’s petition on ‘period of limitation’ ground which requires approaching a court within three years from the cause of action first occurred. They alleged that the will was prepared in September 2008. Raghvendra had filed the original civil petition in 2012 questioning the genuineness of the will left by Joshi, claiming that his father was not mentally and physically sound at the time the will was drawn up.
Raghvendra has called the will document fabricated. The property under dispute is Kalashree, a bungalow at Sadashiv Peth and two flats in the city valued at Rs 3.4 crores. Raghvendra contested the ‘period of limitation’ objection by arguing that the limitation has to be considered from the year 2011 as he received the copy of the alleged will on April 2011 when he demanded his share in the properties of late Pt Joshi. He said he filed the suit in the same year.
Joint Civil Judge VS Malkalpatte-Reddy rejected the application by Jayant and Shriniwas observing that the validity of Joshi’s will has been challenged on various grounds including the mental state of late Pt Joshi, drafting of the will and alleged factual inaccuracies in the document.
“… In such circumstances, the contention of the defendants that the prayers made by the plaintiff can’t be joined together for recovery of immovable properties is not sustainable,” the judge observed. After this order, the civil case will now proceed on the merits of the claims made by the two parties.