Financial Daily from THE HINDU group of publications
Tuesday, Aug 24, 2004
Financial Daily from THE HINDU group of publications Tuesday, Aug 24, 2004 |
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Corporate
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Corporate Disputes Lodha to dispute Birlas' claim; `property not of HUF origin' Our Bureau
Kolkata Aug. 23 PURSUANT to the directions of the Calcutta High Court, Mr R.S. Lodha is supposed to file affidavits in support of his cases, scheduled for a hearing on August 25. It is learnt that the same will be filed in court on Tuesday. According to informed court circles, Mr Lodha has disputed the claim of Mr K.K. Birla, Mr G.P. Birla, Mr B.K. Birla and Mr Y. Birla, stating that that they have no right over the property left by late M.P. Birla and his deceased wife Priyamvada Devi, on the ground that the Birla property is not a Hindu undivided family property, as stated in the affidavits by the Birlas. The Birlas, in their affidavits against the application of Mr Lodha, seeking discharge of the caveats filed by them in the probate petition of Mr R.S. Lodha, stated that the Birla property is within the purview of the Hindu undivided family; however, in support of this statement, no document was annexed with the affidavits, Mr Lodha has alleged. Since no document has been shown in the affidavit regarding partition of Birla property, the statements of the Birlas are not tenable in law, Mr Lodha has stated in the affidavit. The affidavit of Mr Lodha will be affirmed on August 24, and shall be filed simultaneously. It is learnt that in the affidavit, it has been further stated that in the 80s, the Birla family property was partitioned in separate ownership; similarly, a portion of the property went to M.P. Birla during his life time, on which the other four Birlas have no right, and, hence, they do not have any right to file caveats in the probate petition filed by Mr Lodha in the estate of Priyamvada Birla, who inherited the property after the demise of M.P. Birla, since they had no issue. Sources have it that in Mr Lodha's affidavit, it was further stated that only the two living sisters of M.P. Birla, Ms Laksmi Newar and Ms Radha Mohta, have the right to lodge caveats, none else.
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