This is a discussion on Purported will of 1999 for Lodha unnatural: Birlas within the Investment forums, part of the Financial Services category; The Birlas Thursday argued that the purported 1999 will of the late Priyamvada Birla, bequeathing a Rs.50 billion estate to ...
The Birlas Thursday argued that the purported 1999 will of the late Priyamvada Birla, bequeathing a Rs.50 billion estate to claimant R.S. Lodha, seemed to be completely unnatural.
Arguing before Justice Kalyanjyoti Sengupta of Calcutta High Court, counsel S. Pal, appearing for heirs of late Laxmi Devi Newar, sister of M.P. Birla, contended that the structure, language and style of the 1999 will is totally different from the earlier wills of 1981 and 1982.
"R.S. Lodha himself had said that Priyamvada Birla was an astute lady with a keen business sense but ironically, Khaitan & Company, who were solicitors for M P Birla Group for decades, were not even consulted in drawing up this will," Pal argued.
"Lodha has not even disclosed whether any other advocate was consulted. By whom the will has been drafted and finalised is not mentioned anywhere," he told the court.
"Coupled with the fact that both Mr. and Mrs. M.P. Birla were charitable minded and the enormity of the estate, suspicion also arises as to the validity of this will if it is seen that very wide powers have been given to the executor.
"R.S. Lodha has been abusing such powers by acting surreptitiously and in great haste for transmitting the shares of Mrs.Birla in his name. This is also a good reason for suspecting the validity of this will," Pal argued.
Pal stressed that when there are serious challenges to a will, including forgery thereof, it is the duty of the propounder of the will to prima facie satisfy the court and to remove all suspicions.
In the various affidavits filed, Lodha has not replied to any of these issues, he said.
The Birlas had filed caveats opposing the probate (official proving of the will) to the 1999 will saying that it "lacked veracity" and was "forged".
The high-profile legal battle broke out in July last year when the Birlas challenged Lodha, who was a close confidant of M.P. Birla and his wife Priyamvada and was found to be the beneficiary of the latter's will.
The MP Birla Group owns the listed companies Birla Corporation, Vindhya Telelinks, Universal Cables and Birla Ericsson, apart from a bevy of unlisted companies.
The total market capitalisation of all listed MP group companies is over Rs.9 billion. Lodha is chairman of the Birla Corporation.