Financial Daily from THE HINDU group of publications
Friday, Oct 01, 2004
Financial Daily from THE HINDU group of publications Friday, Oct 01, 2004 |
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Corporate
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Corporate Disputes Birla counsel argues in favour of caveatable rights Our Legal Correspondent
Kolkata , Sept. 30 RESUMING the argument in support of caveators in the probate case of Late Priyamvada Birla before Mr Justice K.J. Sengupta of the Calcutta High Court on Thursday, Mr P.K. Roy, counsel for the Birlas, once again reiterated that at no point of time was there any loss of love in the Birla family as alleged by Mr R.S. Lodha. In his argument, Mr Roy stated that the Late Priyamvada Birla used to send gifts to the newborns in the family as she did for the two sons of Y. Birla, which ndicates the congenial relationship. In course of the argument, Mr Roy repeated the wording of the 1999 will of Late Priyamvada Birla, where the word `bequeath' has been mentioned. The question of bequeath arises when some one gets the property through some one; hence, in this case also, the property of Late Priyamvada Birla was never of her exclusive, but of the Birla family, the counsel added. On Thursday, Mr S.B. Mookherji, counsel for Mr K.K. Birla, said that his client is the first cousin of M.P. Birla, and assuming M.P. Birla has no heir, in that even the Hindu Succession Act provides that the cousins, including those who have slightest interest, do have caveatable right in the property of M.P. Birla, it was pointed out. He also cited a judgment (unreported) of Calcutta High Court, where distantly related heirs have been given the right in the state of the deceased. The hearing will continue.
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