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Birla case hearing to resume on Dec 1

Our Legal Correspondent

Kolkata , Nov. 26

THE issue of discharge of the caveat in respect of the will of late Priyamvada Birla came up as hearing in the matter before Mr Justice Kalyan Jyoti Sengupta of the Calcutta High Court continued here.

Mr Anindya Mitra, counsel for Mr R.S. Lodha challenged the authority of four Birlas to nominate Mr Y. Birla as executor of the will — that was made in 1982 — in place of M.P. Birla.

In the will, it was stated that if any of the executors ceased to be the executor, then the other executor could nominate a new person.

Mr Mitra said that M.P. Birla died 14 years before the death of Priyamvada Birla and, hence, M.P Birla could not be an executor of the will left by Priyamvada Birla. As such, any nomination in place of M.P. Birla in the alleged caveat of executor, could not be possible when M.P. Birla was never the executor of the will of Priyamvada Birla.

Mr Mitra further stated that the question of caveatable interest of Mr Y. Birla cannot arise because Gajanan Birla, the late grandfather of Y. Birla, separated his property from his father way back in 1913. So, under the Hindu Succession Act, Mr Y. Birla has no right in the property of Priyamvada Birla who inherited the estate of M.P. Birla after his death.

The hearing in the matter will resume on December 1.

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