Rajendra Singh Lodha's counsel Anindya Mitra on Wednesday came down heavily against the Birlas, arguing that the Birlas set up the 1982 will of M P Birla and his wife Priyamvada Birla for creating caveatable interest of K K Birla, G P Birla, B K Birla and Yashovardhan Birla in Priyamvada Birla's will of 1999.
In support of his argument, in the court of Justice K J Sengupta, Mitra said, after learning of the 1999 will, the Birlas sought to thwart R S Lodha by setting up the alleged mutual wills of 1982 and filed caveats against the grant of probate petition of Lodha.
The high court should not entertain the caveats filed by Birlas on this ground, Mitra argued. Birlas may file probate petition for alleged 1982 wills but they had no right to file caveats in Priyamvada Birla's will of 1999, he added.
Relating to the probate petition filed by the Birlas, Mitra said the law provided that at the time of filing the probate petition, the original will would have be filed along with the probate petition.
The Birlas had not filed the original will with their probate application.
The probate petition of Birlas should therefore not be entertained by the court.
Mitra in his argument cited several case laws of different courts to establish that the Birlas had no right file caveats in Priyamvada Birla's will.
The counsel reiterated his earlier argument that as M P Birla was never an executor of the will of Priyamvada Birla allegedly made in 1982, so the question of nominating or appointing any executor in place of MP Birla did not arise.
The hearing will continue.
