The Birla family knew M P Birla had died intestate, R S Lodha's counsel Anindya Mitra told Calcutta high court on Wednesday as he argued the application of Lodha seeking discharge of caveats filed by K K Birla, G P Birla, B K Birla and Yashovardhan Birla in the probate petition on Priyamvada Birla's 1999 will.
Mitra, in the sixth day of hearing, showed a registered deed of sale between Priyamvada Birla and Punjab Produce and Trading Company Ltd, dated September 22, 1992, where Priyamvada stated that M P Birla, her husband, had died intestate.
Mitra said the registered sale deed has been witnessed by S K Lath and R K Choudury, two advocates associated with Khaitan & Company. The deed was made under the backsheet of Khaitan & Company. This document proves Birlas knew about M P Birla's intestacy, counsel added.
Mitra then presented a note written by K K Birla to Priyamvada Birla relating to sale proceeds of an orchard, dated November 11, 1996. K K Birla wrote to Priyamvada as the only legal heir of M P Birla.Lodha filed this document with his written statement in the suit filed by K K Birla, G P Birla, K N Tapuria and Pradip Khaitan against him. Mitra argued K K Birla and others in their affidavits said Priyamvada Birla was only one of the executors of the alleged 1982 will of M P Birla.