Priyamvada Birla will probate case took an interesting twist on Friday as the high court department reported that R S Lodha had not filed the original registered will of Priyamvada Birla with his petition for grant of probate of her will.
The high court's testamentary department issued a note to the judge concerned, Justice Kalyan Jyoti Sengupta, requesting him to consider the issue in the petition filed by R S Lodha for grant of probate of the last will and testament of Priyamdvada Birla.
Birla vs Lodha: War over a will
Justice Sengupta directed the matter to be listed for hearing on September 14 when he will consider the matter after hearing the submission of the counsel for Lodhas as well as the counsel for two sisters of M P Birla.
The sisters had filed caveats challenging the grant of the probate petition filed by Lodha.
Earlier, G P Birla, K N Tapuria and Pradip K Khaitan had also filed petitions for grant of probate of the alleged last mutual will of M P Birla and Priyamvada Birla made in 1982 without submitting the original will. G P Birla, K N Tapuria and P K Khaitan had on their part filed an application in the court for leave to file a notarised photocopy of the wills. Counsel for Lodha had opposed it and insisted on the original will.
Justice Sengupta had turned down the prayer of Birlas and directed, "Original wills have to be filed with the probate petition".
The high court departmental note said, "R S Lodha in his probate petition being no PLA 204 of 2004 has not filed the original registered will, so the issue be put before the concerned judge for final adjudication."
Justice K J Sengupta on Friday also issued an order that out of three executors of M P Birla and Priyamvada Birla Will, one executor could sign the verification petition.
The Birla side had filed a probate petition on mutual wills of MP and Priyamvada Birla.
In one of the wills, the executors were K K Birla, K N Tapuria and PK Khaitan. In the other will, G P Birla, K N Tapuria and PK Khaitan were the executors.
It was stated by the counsel for Birla that K N Tapuria was the common executor of both the wills and asked the court to permit one person to sign the reverification petition.
