While the Birlas are heading for a complex legal battle to control the late M P Birla’s assets, it’s the two witnesses to late Priyamvada’s will who hold the key to the entire succession drama.
Lawyers specialising in Hindu Succession Act say that if the two witnesses testify in Kolkata High Court that the will was signed in their joint presence by late Priyamvada, then the court will have no option but to grant the properties to Lodha.
As per the law, the executor of the will, in this case, R S Lodha will have to get the will probated at the High Court within 30 days. The notice will be served to all the legal heirs asking them to record objections, if any. ‘‘If the court receives any objection — and they will in this case from the Birlas — then the entire petition gets converted into a suit,’’ says Rohit Shetty, a Mumbai high court lawyer.
However, Shetty says the four-liner will can be termed as ‘vague’ which can be contested in the court. ‘‘Normally, each and every property is named and recorded separately in the will.
An experienced lawyer will not recommend a vague will which does not detail properties or other assets,’’ he says.
It is learnt that the Birlas plan to raise the issue of Priyamvada’s mental condition in the courts. This again will have to certified by her family doctor. ‘‘The court usually goes by the advice given by the family doctor who was treating that person… but again the onus is on those who are making the objection to prove insanity,’’ Shetty adds.
As objections are difficult to prove and time consuming, it is learnt that the Birlas are examining other legal options to stall the bequest.