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Calcutta, July 20: The Birlas will have to
file a fresh application before the court to obtain a copy of Priyamvada’s will,
now that Rajendra Lodha has initiated a legal process to get it authenticated.
Legal circles say as two caveats have been filed by the Birlas, one by the united Birla family and the other by Yashovardhan Birla, the court has to fix a hearing within 48 days.
The whole process of establishing the authenticity of the will stretch for an unlimited period. It involves scrutinising the will, establishing the true successor of the property under the Hindu Succession Act, following the various proceedings under the Transfer of Property Act and examining witnesses and evidences under the Evidence Act.
All the civil aspects of the case will be dealt under the Civil Procedure Code but, if there is any hint of any criminal intent, the Criminal Procedure Code will come into play.
The will was registered with the Will Registration Office, which comes under the purview of the court. But if the court suspects any hint of foul play, the court may summon all individuals associated with the registration of the will.
The court will also examine any person who is connected to Priyamvada Birla and who can provide substantial evidence on her mental condition at the time the will was drawn up. Witnesses and evidences will also be called upon to prove that M. P. Birla and Priyamvada Birla had wanted to give away their wealth to charity.
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