Rajendra Singh Lodha's counsels on Wednesday produced two new affidavits by Priyamvada Birla, stating in clear terms, M P Birla died without leaving a will, casting a cloud on the mutual wills produced by the Birla family.
The affidavit was in connection with a mutation of a New Delhi property, where Priyamvada Birla stated that the deceased (M P Birla) left behind only her as his heir under the Hindu Succession Act. The affidavit further said, the deceased left behind no will.
The affidavit was dated March 22, 1996. However, the document was found to be defective and Priyamvada filed a second affidavit reaffirming the contents of the first affidavit on April 30, 1996. Justice K J Sengupta directed both Birla and Lodha not to file any further additional document in the case.
Similarly, Birlas also produced certain documents in the court showing that there was no bitter relation between M P Birla with other Birla family members. P K Ray counsel for Yashovardhan Birla in his argument tried to establish that there was no partition in Birla family as alleged by R S Lodha.
At the time of argument on behalf of Lodha, his counsel said that in 1933 Gajanan Birla separated from his father Rameswar Prosad Birla and an affidavit was affirmed to that effect in the presence of Father of nation Mahatma Gandhi.
Disputing the allegation, Ray said in the court of Justice K J Sengupta that this was a mere transaction between father and son, question of family partition does not arise at all. Birlas are a joint family under the concept of "Undivided Hindu Family".Birlas also showed documents stating that " invitation cards of the marriage of Ashok Birla's daughter was issued in the name of M P Birla".