Priyamvada Birla lacked capacity to execute will: counsel

Kolkata, Nov 16 (UNI) Priyamvada Devi Birla lacked the testamentary capacity as well as the physical and the mental capacity, to execute the ''purported'' will of 1999 bequeathing assets of M P Birla group to R S Lodha, G P Birla's counsel Balai Chandra Ray submitted before the court.

Mr Ray was appearing before Justice Pinaki Chandra Ghose and Justice Tapan Kumar Dutta.

He submitted that Ms Birla's health had seriously affected her mind and impaired her judgement.

She was also required to visit various countries for treatment almost every year and use a wheel chair while travelling, he said.

Mr Lodha has abused his fiduciary capacity knowing well that the lady lacked formal education and did not understand complex legal documents, he alleged.

There are also enough materials on record to show that Mr Lodha exercised ''undue influence'' on her.

The appeal would be taken up for further hearing on November 22.

UNI XC TJP MS RS2010