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Our Legal Correspondent

Kolkata , Sept. 14

MR Justice K.J. Sengupta of the Calcutta High Court today permitted Mr R.S. Lodha to file the registered will of late Priyamvada Birla through a supplementary affidavit within 10 days; in failure, the liberty shall stand cancelled.

The court also granted Mr Lodha further privilege to take out the unregistered will of late Priyamvada Birla (filed with a probate petition) after the affidavit containing the registered will is permitted. On completion of this process, the hearing of this part will commence.

Earlier, the Registrar (Insolvency), Calcutta High Court, detected errors in the original probate petition annexing the unregistered will therewith and upon filing of the registered will, the errors are deemed to have been waived. The court further observed that the mistakes in order dated September 2 are to be corrected.

It was further observed that when the verification part of the probate petition has been approved by Mr Justice S.K. Mukherjee, the judge to whom the matter first appeared, this court declines to interfere on it.

The verification segment of the affidavit made by Ms Laxmibai Newar and Ms Radha Mohta is to be rectified in conformity with law.

The principal argument was centred within the compass of Section 280 and 281 of the Hindu Succession Act, where the mode of verification of the affidavit for obtaining probate has broadly been discussed.

One of the witnesses shall have to verify, stating that the signature of the maker of the will has been done in the presence of the witnesses. The court also raised a point of procurable witness; if any one of the witnesses is not available, the procurable part only comes into play. However, that would be decided at the time of argument, the court observed.

The interesting part of today's argument advanced by counsel was that the probate petition was verified on July 17, but affidavits of the witnesses were made respectively on July 7 and July 8, much earlier than filing of the probate petition.

Mr M.P. Sharma, one of the attesting witnesses to the will, can be said as a procurable one but that affidavit is not available.

Mr Anindya Mitra, counsel for Mr Lodha, today argued that under the provision of Hindu Succession Act, this probate petition of Mr Lodha is a qualified one in all counts, but Mr P.K. Roy, counsel for the Birlas, opposed the propositions. The hearing of the probate issue will continue.

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