Yash Birla entitled to implement trust on basis of mutual wills

Kolkata, Mar 6 (UNI) Resuming arguments on behalf of Yashovardhan Birla before a two-judge bench of Calcutta High Court, senior counsel S Pal today submitted that pursuant to an irrevocable agreement made by M P Birla and Priyamvada Birla, the couple executed their respective last wills both dated July 13, 1982, and intended them to operate as mutual wills and themselves to be bound by their terms.

Therefore, the entire estate of Priyamvada Birla stood impressed with the public charity trust in terms of the mutual wills, he argued.

The said wills were passed on to Kashinath Tapuriah, brother of Priyamvada Birla, to be opened after the duo's death. They have now been passed on to the executors of the respective wills for obtaining probate.

Accordingly, the executors, as trustees of the charity trust which came into being on the basis of the mutual wills are entitled to execute and implement the trust and R S Lodha is not entitled to impede its implementation.

Mr Pal said the Trial Court erred in discharging the caveat lodged by Yash Birla without assigning any reason, yet observing that a suit has already been filed for enforcement of the mutual wills and if it is proved that they are mutual then R S Lodha as the executor of 1999 will of Priyamvada Birla will be bound it.

Moreover, on the assumption of Mr Lodha having an interest in the estate of M P Birla as has been held by the Trial Court, then on the same analogy, Yash Birla has caveatable interest in the estate of Priyamvada Birla.

One person is said to be an agnate of another if the two are related by blood or adoption from the father's or male side, under the Hindu Succession Act, Mr Pal submitted.

Yash Birla is the grandson of late Gajanan Birla and the eldest surviving male lineal descendent of late Rameshwardas Birla, the common ancestor of late M P Birla and Gajanan Birla. As such, Yash is a possible heir to the estate of Priyamvada Birla, Mr Pal said.

The hearing will continue tomorrow.

UNI XC SJC YA PM1948