Arun Jaitley questions integrity of 1999 will

Arun Jaitley kicked off his argument in the Birla-Lodha battle of wills and raised doubts on the integrity of Priyamvada Birla's will of 1999, bequeathing entire property to Rajendra Singh Lodha.

Jaitley said, his argument would be based on three counts. First, the will has not been made by Priyamvada Birla. Secondly there were elements of disbelief.

Last but not the least, the fiduciary relation between Priyamvada and R S Lodha did not justify the 1999 will of Priyamvada Birla, he claimed.

The wills of 1981 and 1982 made by M P Birla and Priyamvada Birla was read out by Jaitley along with the 1999 will of Priyamvada to give a comparative structure in constructing the wills. The tenor of the 1999 will shows the language of camouflage, Jaitley added.

Jaitley, appearing for Basant Kumar Birla, stated, "It is not battle between Birla and Lodha, but it is a social battle between Lodha and public at large. In support of his submission, he said M P Birla and his wife's last wish was to give the entire estate in charity".

Jaitley argued B K Birla and the other Birlas had caveatable right as they were executors of the 1981 and 1982 will. Birlas also had the right to protect the interest of the larger Birla family estate.

Jaitley questioned the authenticity of the alleged codicil of late Priyamvada Birla which was annexed with the grant of probate petition filed by Lodha.

Jaitley pointed out the 30-line letter was typed out over seven-and-half inches, but the signature was some centimetres below.

Everything has been done in a questionable way, by taking advantage of frail health of Priyamvada Birla, according to Jaitley.

Counsel for Lodha questioned why the executors of the 1982 will did not take steps for probate of the will till 2004.

Jaitley said in reply the 1982 wills were kept in a sealed envelope with Kashi Nath Tapuria, the common executor of the two wills of 1982 with a direction that after the death of both husband and wife these should be opened. So the will was opened after 14 years, and the executors filed for probate as soon as formalities were completed.

Earlier, Anindya Mitra, counsel for Lodha, concluded his argument discussing the affidavits of K K Birla, B K Birla and Yashovardhan Birla filed in response to the petition of Lodha seeking discharge of caveats filed by them. Mitra will discuss the affidavit of G P Birla later.

Jaitley will argue for B K Birla's rights next on September 22.