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Mumbai: The Supreme Court today dismissed three petitions filed by Birla family members challenging a Calcutta high court order that denied them the right to object to the purported 1999 will of the late Priyamvada Birla assigning the Rs5,000 crore estate to chartered accountant R S Lodha. The court also dismissed another petition by the Birlas challenging Lodha's right to object to M P Birla and his wife Priyamvada`s 1982 will, through which the couple left their property for charity. Through a purportedly revised 1999 will after her husband`s death, Priyamvada had bequeathed her Rs5,000 crore estate to Lodha. A bench headed by Justice S B Sinha, while dismissing the petitions, imposed cost of Rs10 lakh (2.5 lakh each) on the petitions filed by the three Birla family members - K K Birla, B K Birla and Yashovardhan Birla. It also directed the Birlas to deposit the money with the West Bengal Legal Services Cell within four weeks. The benh, however, upheld the caveatable interest of another Birla family member, G P Birla, executor of the purported 13 July 1982 will of M P Birla and his wife Priyamvada. Earlier, the High Court had held that G P Birla only had the right to challenge the purported 1999 will as a `sham and invalid document`. The apex court also allowed Lodha`s plea challenging the appointment of Yashovardhan Birla as executor of the will. Justice Sinha while reading the operative portion of the judgement also directed the high court to decide the probate pleas expeditiously and hear the Priyamvada 1999 will first, followed by the 1982 will of M P Birla. In their plea, K K Birla, B K Birla and Yashovardhan Birla had submitted that it was not merely the power of the trustees but also their duty to see that the Rs5,000-crore Priyamvada Birla estate was not being appropriated and was given to three public charities as designated under the mutual wills executed by M P Birla and Priyamvada in 1982. As trustees and potential beneficiaries under the mutual wills of 1982, they were duty bound to contest the will of 1999 and oppose the grant of probate so that they were not being accused of breach of trust, they argued. Lodha, on the other hand , said under the 1982 will, M P Birla`s widow Priyamvada Birla had got the absolute rights in the property, and she had bequeathed the entire estate to Lodha after her death in July 2004 through a will of 1999.
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