Bombay High Court refuses Uddhav’s plea to remove family history from caveat

Tuesday, Apr 19, 2016,10:30 IST By Metrovaartha A A A

Mumbai | The Bombay High Court yesterday refused to entertain an application filed by Shiv Sena chief Uddhav Thackeray, seeking a direction to his estranged brother Jaidev to withdraw the family history cited in the latter’s caveat regarding the ‘will’ of their father Bal Thackeray.

The Sena patriarch passed away on November 17, 2012 and his son Uddhav filed a probate petition in January 2013, which was converted into ‘a testamentary suit’ as it was opposed by Jaidev, who has not got any share in the property.

A probate petition is a process by which a will is proved as valid or not valid. Jaidev, who did not get a farthing in father’s property, had filed a caveat in the probate petition urging that he may be heard in this matter. Uddhav’s application Chamber Summons seeking withdrawal of family history cited by Jaidev in the caveat, today came under criticism from the court, which plainly told Uddhav that it cannot be considered.

Justice Gautam Patel was of the opinion that Jaidev had submitted documents to show that he was an integral part of the family and this cannot be challenged by the other side. The court, therefore, allowed him to submit documents showing that he was close to the family patriarch. Jaidev submitted nine documents, of which two were admitted by the court.

These pertained to the records of Lilavati Hospital about admission of the then Shiv Sena chief after he had taken ill prior to his demise and reply received from the hospital authorities about the treatment.

Rest of the documents were kept for identification by the court. Meanwhile, Jaidev moved an application for summoning witnesses, including the editor of party’s mouthpiece ‘Saamna’, representative of Lilavati hospital and other media editors.

The court said it would decide about the same on a later date. Although Jaidev was present in the court today, the judge deferred his cross-examination by Uddhav’s lawyer as the latter placed before the court a letter written by Jaidev saying he would not depose. The matter has been kept on June 20 for directions.