The Hindu Business Line : Birlas have vested interest over property: Lodha's counsel

THE Birlas have vested interest over the property of MP Birla but do not have any actual legal interest therein, according to Mr Anindya Mitra, counsel for Mr R.S. Lodha, who stated this during argument of the petition made by Mr Lodha seeking discharge of the caveat filed by the Birlas challenging his probate petition in Priyamvada Birla's 1999 will before Mr Justice K.J. Sengupta of Calcutta High Court today.

Mr Mitra disputed the concept of mutual will on the ground that such a will requires of specific and common beneficiaries, but in this case the selection of beneficiaries was left to the discretion of the executor.

He also stated that legatee of the will was the real beneficiary and that the beneficiary has caveatable interest, but mere executor cannot have caveatable interest.

This argument was advanced disputing the entire gamut of a mutual will. Mr Mitra also opposed the argument of the counsel of Mr K.K. Birla, that if the two sisters of M.P. Birla had no heirs then the remotest possible interest of Mr K.K. Birla could arise in that case.

Mr Mitra said that both the sisters, Ms Laxmibai Newar and Ms Radha Mohta, have 21 legal heirs, even during the pendency of application, and if these two sisters die then too Mr K.K. Birla cannot be substituted as sole legal heirs; only the sons and daughters of the persons can be substituted, he submitted. The hearing will resume on November 24.

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