HC relief to Twinkle Khanna, admits her appeal against order to hand over will copy to Advani

Written By kom nampultig on Senin, 04 Agustus 2014 | 22.23

MUMBAI: A bench comprising chief justice Mohit Shah and Justice Mahesh Sonak accepted arguments made by Twinkle's counsel Janak Dwarkadas and Biren Saraf that there must be a stay on order passed by Justice R D Dhanuka which would have required Khanna's daughter to give the propate copy to a non-family member. Dwarkadas said Advani had no rights to the probate and the order permitting her to get the copy would allow her to embroil the late actor's family into unnecessary litigation.

The claim of Advani was that will was bogus and she wants to seek revocation of the probate granted by the HC earlier. The HC bench noted that domestic violence Act proceedings initiated by Advani against the Khanna family has been stayed and that filing of such proceeding by itself may not entitle her to a copy of the probate proceedings and probate itself.

The appeal will now come up for hearing in due course.

Twinkle, an actor married to Bollywood hero Akshay Kumar whose latest movie Enterntainment is now due for release, said there was no question of giving the probate to a person who is not a family member. Saraf said that, "handing over probate proceeding copy to third parties would have far reaching consequences given that it could contain confidential information,'' adding, "It would set a wrong precedent and in a city like Mumbai where legal proceedings may contain business information, making it available to a person with no tangible interest is likely to have repurcussion.''

Advani is not a beneficiary under the Will nor is she a family member entitled to his estate under Succession laws. Even if the will is bogus as she claims, Advani is not entitled to the estate is the family's stand. She has no caveatable interest.

Advani wanted the probate copy to enable her to challenge the will as Kaka's live-in partner with shared residence at his Bandra bungalow Ashirvad whose sale she is objecting to.


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