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HC to hear 1999 Priyamvada Birla will probate matter first

Our Legal Correspondent

Kolkata , Dec. 16

MR Justice Kalyan Jyoti Sengupta of the Calcutta High Court today decided that the hearing of the application for grant of probate of the will of Priyamvada Devi Birla will be heard first, because the law provides that latter instruments (the will of 1999 of Priyamvada Devi Birla) shall get preference.

No one opposed this proposition.

The court further held that the application for granting probate to the will of 1999 made by Priyamvada Devi Birla will be taken up for consideration first, and thereafter the application for granting probate in the mutual will of 1982 shall be considered, if called for and of course depending on the fate of application made by Mr R.S. Lodha.

The court recorded the submission of the Birlas on this issue, which the counsel did not oppose. Under these circumstances, the court discharged the caveat lodged by Mr Lodha in the 1982 will made by Priyamvada Devi Birla.

The court further held that in order to get the right on a property under a will of the Hindu Succession Act, obtaining probate is necessary. The court made it clear that the hearing of the petition of Mr Lodha shall commence when the matter shall be ready for hearing.

In another development, the two sisters of M.P. Birla (Ms Radha Mohta and Ms Laxmi Bai Newar) and Mr Kashi Nath Tapuria filed three separate petitions seeking the appointment of administrator over the property of M.P. Birla. The court will hear the matter on December 22.

In the criminal case, Mr Justice Sengupta did not extend interim order expiring today as the Alipore court adjourned the case till January 7, 2005. This matter relates to the quashing of the criminal proceedings initiated by the Birlas against Mr Lodha alleging criminal breach of trust in the estate of M.P. Birla in the court at Alipore. The matter will be taken up on Monday next.

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