Lodha counsel questions Yashovardhan's role

R S Lodha's counsel Anindya Mitra today challenged the authority of Birla family to nominate Yashovardhan Birla as executor in the will allegedly left by Priyamvada Birla made in 1982 in place of M P Birla, her husband.

In that will of 1982, it was stated that if any of the executor ceased to be executor, then the other executors of the will can nomonate a new person in place of this person.

Mitra pointed out during his argument in the court Justice K J Sengupta, that M P Birla died 14 years before the death of Priyamvada Birla, so M P Birla was never an executor of the alleged will of Priyamvada Birla.

Any nomination in place of MP Birla in the alleged capacity of executor was therefore not possible. M P Birla died before his wife did and the Birlas were attempting to replace a man who pre-deceased his wife and never took up the responsibility of executor of the alleged 1982 will of Priyamvada Birla placed by the Birla side, Mitra pointed out.

Mitra further argued that question of Yashovardhan Birla's caveatable interest could not arise as Gajanan Birla, grandfather of Yashovardhan, had separated his property from his father R D Birla as far back as 1932-33 in the presence of Father of Nation Mahatma Gandhi.

Mitra said under the Hindu Succession Act Yashovardhan has no right in the estate of Priyamvada Birla inherited on the death of MP Birla.

Lodha filed petition for seeking discharge of the caveat filed by K K Birla, GP Birla, BK Birla and Yashovardhan Birla in the grant of probate application made by him.

Birla group in their argument tried to establish that they have right to file caveat to protect the larger Birla family property. The hearing will continue.