The Supreme Court issued notices to R S Lodha on Birlas' petition, challenging the refusal of their right to object to late Priyamvada Birla's purported 1999 will, under which she bequeathed her Rs 5,000 crore (Rs 50 billion) estate to her chartered accountant.

Besides Lodha, a bench comprising Justice B P Singh and Justice H S Bedi issued notices to the representatives and legal heirs of Late Laxmi Devi Newar, including Nand Gopal Khaitan, to file their replies within four weeks.

Senior advocates Ram Jethmalani, KK Venugopal and Arun Jaitley, appearing for the three Birla family members, submitted that it is their duty to see that the Priyamvada Birla estate was not being appropriated and was given to three public charities as designated under the mutual wills executed by M P Birla and his wife Priyamvada Birla in 1982.

As trustees and potential beneficiaries under the mutual wills of 1982, they were duty bound to contest the will of 1999 and oppose the grant of probate so that they were not being accused of breach of trust, they argued.

The petitions by K K Birla, B K Birla and Yashovardhan Birla, seeking caveatable interest in Lodha's probate petition for the M P Birla group's assets, will come up for hearing in the first week of April.

Senior advocates R Nariman and Mukul Rohtagi, appearing for Lodha, said that under the 1982 will, M P Birla's widow Priyamvada Birla had got the absolute rights in the property, and she had bequeathed the entire estate to Lodha after her death in July 2004 through a will of 1999.

"The three Birla members are opposing the probate because they have got nothing and want to claim interest by contesting the 1999 will," they added.