Uddhav will misuse power to sell willed property, claims brother

In a case of dirty family feud over property being fought in full public glare, deceased Shiv Sena leader Balasaheb Thackeray's elder son Jaidev has alleged in the Bombay High Court that younger brother Uddhav might misuse his influence to transfer or alienate the property mentioned in the deceased leader's will.

Mr. Jaidev sought interim protection of property by the Bombay High Court, till it decided on the challenge to the will of the deceased leader. The court has reserved its judgement till Thursday.

“He (Mr. Uddhav) is in exclusive possession of the property. I seek temporary injunction on the property which is the subject matter of the suit. I am not transgressing beyond the property mentioned in the will. What is the will for, if nothing of it (property) remains?" asked advocate Seema Sarnaik, who represented Jaidev Thackeray.

She said that Mr. Jaidev has not challenged Mr. Uddhav's right over the property; neither had he sought the title of the disputed property.

She argued on various legal provisions mentioned in the Indian Succession Act to prove that Mr. Jaidev could legally seek interim protection of the property. “I am a successor in the event that there is no will. If the will fails, I am entitled to succession,” she said.

The court observed that the provision of interim protection of property applied to only forcibly occupied property. Ms. Sarnaik thereafter cited various judgements to convince the court that Mr. Jaidev was entitled to seek interim protection of property under the Indian Succession Act.

Mr. Uddhav opposed the plea. The court will deliver its judgement on Thursday. It has also given time to both the sides to furnish additional documents in the matter, and serve them to each other. Mr. Jaidev filed an additional affidavit before the court on Wednesday.