Yash Birla has inherent rights as heir

Kolkata, Apr 10 (UNI) Yashovardhan Birla has inherent rights as heir in Priyamvada Birla's estate according to the principles governing caveatable interest under the succession law, his counsel Samaraditya Pal said today.

Under the law, all the classes of heirs, albeit, remote, are potential heirs within the zone of consideration, Mr Pal said in his submission before a bench comprising Justice Pinaki Chandra Ghose and Justice Tapan Kumar Dutta.

Citing several judgements of the Supreme Court as also the High Court, Mr Pal insisted that this principle on maintaining a caveat is well recognised and consistently followed by the courts.

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

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, he contended.

Mr Pal further submitted that the authorities relied upon by Mr Anindya Mitra, counsel for Mr 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.

UNI XC SJC NK PM1931