Lodha, co-chairman of the MP Birla group, had applied for probate as the successor of Priyamvada Birla, the late chairperson of the group. The probate had been challenged by several Birla families through caveats.
Birla vs Lodha: War over a will
In turn, Lodha has sought dismissal of the caveats of the Birlas. The denial of the HUF status of the Birlas has emerged as his primary weapon in his battle against the Birla family in the probate case.
The Lodha reply in the litigation, which will come up for hearing on August 25, will pivot on this denial regarding the HUF status of the Birlas, and will be directed against KK Birla, GP Birla, BK Birla and Yashvardhan Birla who have opposed grant of probate in his favour.
The Birlas had filed their respective objections to the petition of RS Lodha seeking discharge of the caveat lodged by them against the grant of probate of the will of late Priyamvada Birla. Lodha filed the probate for the will as the sole executor.
In his reply, Lodha disputed the claim of Birlas that they had rights over the properties left by late MP Birla and his deceased wife Priyamvada Birla.
In support of this claim, the four Birlas had stated, "As the Birla family belongs to HUF, they have right to interfere with the properties of late MP Birla and Priyamvada Birla" and also to file caveat challenging the grant of probate.
In his reply, Lodha stated, "As no documents has been shown in the Birla's objection regarding HUF, the statement contained in the objection have no legal value in the court of law".
In the reply, Lodha pointed that the Birla family properties were partitioned in the 1980's and reconstituted into separate ownership groups.
One portion of the property went to M P Birla during his lifetime and should be treated as the individual property of M P Birla.
After the death of M P Birla, his wife Priyamvada Birla inherited her husband's property on her own. As M P and his wife had no children, Priyamdava in her last will and testament bequeathed her assets and properties to R S Lodha to perpetuate the separate entity and unique identity of the M P Birla group, the Lodha reply said.
The other Birlas therefore did not have any interest in the properties and assets of M P or Priyamvada Birla, Lodha added.
In the affidavit, Lodha pointed out under the Hindu Succession Act, only two living sisters of M P Birla namely Laxmi Newar and Radha Mohata had any right to lodge caveats. Both the sisters have already opposed the grant of probate petition filed by Lodha.
After filing of affidavits both by Birlas and Lodha, the case will be listed in the court of Justice K J Sengupta for hearing on August 25.
