The Hindu Business Line : Birla will executor seeks discharge of caveat filed by Lodha

MR KASHINATH TAPARIA, the common executor of the 1982 will of both M.P. Birla and Priyamvada Birla, on Wednesday filed two petitions in the Calcutta High Court, seeking discharge of the caveat filed by Mr R.S. Lodha with regard to the 1982 mutual wills.

In the petition, Mr Taparia stated that Lodha filed an affidavit-in-support of the caveat, but his caveatable interest was not disclosed in it; hence he has no right to file the caveat against the probate of the 1982 wills.

Mr Justice K.J. Sengupta directed Mr Lodha to file affidavits with regard to M.P.Birla's will and fixed the case for hearing on December 18. He, however, fixed the hearing of the petition relating to Priyamvada Birla's will on October 14.

In the hearing today, Mr S.B. Mookherjee, counsel of Mr K.K. Birla, and Mr Bhaskar Sen, counsel for Mr G.P. Birla, said that their clients were first cousins of M.P. Birla, and assuming that M.P. Birla had no heir, even the Hindu Succession Act provides that the cousins, including those who have the slightest right, do have a caveatable right in the property of M.P. Birla.

Mr Mookherjee also cited a judgment (unreported) of the Calcutta High Court, where it was held that distantly related heirs have a right in the estate of the deceased. The hearing would continue.

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