Mumbai: The Bombay High Court on Thursday refused to grant interim relief to Jaidev, estranged son of Shiv Sena supremo late Balasaheb Thackeray, seeking to restrain the beneficiaries of his father`s will from selling or disposing of the family properties.
Uddhav Thackeray, sxecutive President of Sena and son of the Sena patriarch, who passed away in November 2012, is one of the beneficiaries of the will purportedly left behind by the senior Thackeray.
Justice RD Dhanuka, while rejecting Jaidev`s application, observed that under the Indian Succession Act, this court does not have the powers to grant interim protection in respect of properties.
"The deceased is a Hindu and hence falls under the category of persons mentioned in section 269 (2) of the Act which has a specific bar on granting interim reliefs," Justice Dhanuka said.
The court said that while hearing a testamentary suit, no interim relief can be granted in relation to properties mentioned or not mentioned in the will.
"This court cannot decide on title issues while hearing a testamentary suit. Such remedies are available under the Code of Civil Procedure which the applicant (Jaidev) can avail of by filing an independent civil suit," Justice Dhanuka said.
Uddhav, who was anointed party`s Executive President by his father, had earlier moved the High Court to probate the will of Thackeray, who died on November 17, 2012.
Jaidev had then filed an application challenging the will and seeking interim order, directing Uddhav and others from dealing with the family properties in any manner either by selling or disposing of or creating third party rights on such assets.
The probate petition of Uddhav, filed in January 2013 was converted into a testamentary suit as it was opposed by his brother Jaidev, who has not got any share in the property, said a lawyer involved in the case.
"I am not inclined to accept the applicant`s arguments. When there is a specific bar on granting interim relief in such matters then this court cannot extend its powers," the court observed while dismissing Jaidev`s application.
A probate petition is filed to get the will of a deceased person certified by a court.