Financial Daily from THE HINDU group of publications
Friday, Sep 10, 2004
Financial Daily from THE HINDU group of publications Friday, Sep 10, 2004 |
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Courts/Legal Issues Corporate - Corporate Disputes Calcutta HC allows M.P. Birla's sisters' plea on probate Our Legal Correspondent
Kolkata , Sept. 9 MR Justice K.J. Sengupta of the Calcutta High Court on Thursday allowed the petition of two sisters of the late M.P. Birla, namely Ms Laxmibai Newar and Ms Radha Mohta, seeking court order to treat the probate petition of Mr R.S. Lodha as contentious and to transfer the probate issue as suit proceedings. The court also allowed the prayers of the sisters to the effect that the probate petition of Mr Lodha shall be treated as plaint of the suit and the affidavit filed by two sisters as written statement. With this admission, the probate proceeding is likely to suffer delay. Resuming the argument of Mr Lodha's petition for discharging the caveat filed by the four Birlas, his counsel, Mr Anindya Mitra, stated that filing of caveat is aimed at delaying the probate proceeding. Mr Mitra showed two documents to prove that M.P. Birla died without a will. One such document was certified by Mr R.K. Choudhury of Khaitan & Co dated February 20, 1991, by which it was certified that M.P. Birla died leaving behind only his surviving wife as legal heiress. Another document is a notarised affidavit dated August 19, 1992. It was affirmed by Priyamvada Birla and notarised by Mr N.G. Khaitan, who is now the advocate on record. In this document, Priyamvada Birla had stated that she was the sole legal heiress and class one heir under personal law of M.P. Birla. By showing these documents, counsel argued that Priyamvada Birla was not at all aware about the 1982 will of M.P. Birla. However, it appeared that the court was not satisfied and opined that nowhere in the documents the word in testate appeared. The Judge also found that the first document was merely a certificate by an advocate. Dealing with the affidavit filed by Mr K.K. Birla, Mr Mitra said that he is just an executor of late M.P. Birla's 1982 wills. In his affidavit, he had stated that Priyamvada Birla was a co-director of Pilani Investment and Birla Brothers and a co-trustee of Mahadevi Birla Memorial Trust. Opposing it, Mr Mitra said that after the death of any person, the trusteeship automatically ceases. So Priyamvada Birla on her demise does not and cannot remain as trustee. With regard to Pilani Investment and Birla Brothers, she was never a shareholder. This cannot be a cause for Mr K.K. Birla to have a caveatable right. The hearing will continue.
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