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Yash Birla has inherent right as heir

Written by: Staff

Kolkata, Apr 10: Senior counsel Samaraditya Pal appearing for Yashovardhan Birla today submitted before a Division Bench comprising Justice Pinaki Chandra Ghose and Justice Tapan Kumar Dutta the principles governing caveatable interest under succession law postulates a person having bare possible interest, even contingent interest, in the estate of the deceased as opposed to vested interest or actual inheritance.

All the classes of heirs, albeit, remote, are potential heirs within the zone of consideration, hr said.

Citing several judgments of the Supreme Court as also the High Court, Mr Pal insisted that the above principle on maintaining a caveat is well recognised and consistently followed by the courts, hence it is good law.

Even though a person may not have present alienable interest in the estate of the deceased but could have future expectant interest at the time of grant of probate of a Will.

Traversing across to mutual wills, as an executor of the 1982 Mutual Will of M P Birla, Yash Birla has a right to contest the probate proceedings.

Mr Pal further submitted that the authorities relied upon by Mr Anindya Mitra, counsel for Lodha, are distinguishable and not relevant in the present context as none of the cases deals with caveatable interest.

Mr Pal will make further submissions on April 12.


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