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Showing contexts for: procured document in Priyambada Debi Birla (Deceased By Lr) vs Ajoy Kumar Newar And Ors. on 19 May, 2006Matching Fragments
2. In the body of both the petitions and affidavit in reply of the caveatrix/defendants the statements and averments purporting to constitute the grounds for appointment of APL are almost identically same. The said grounds shorn of mutual rival personal allegations of the parties, are summarized hereunder.
3. The purported Will propounded by the Executor R.S. Lodha is a manufactured and procured document. Similarly, the codicil relied on and propounded by the executor is also manufactured and procured. The genuineness of the aforesaid two testamentary documents has been seriously challenged as it appears that disposition made therein is wholly unnatural and there is no reason to exclude any relation amongst the members of the Birla family and to give away all her properties to the paid employee and/ or accountant viz. the executor. The lady, for the last five years before execution of the purported documents, was not at all in a good health or condition. She had been suffering from various ailments, which include acute renal problems, tuberculosis and other diseases. She had underwent kidney transplantation, she used to move on by wheelchair and almost periodically used to go to London for treatment. The said lady was completely in the clutch and influence of the executor. Besides, the lady on 13th July, 1982 executed a natural Will along with her husband whereby and whereunder some other persons who have already lodged caveat in order to context grant of probate of Will and testament dated 18th April, 1999 and codicil dated 15th April, 2003 have been appointed executors and trustees. In terms of the mutual Will the lady did not have any right or capacity to execute or publish any document subsequently after death of her husband. It appears from the mutual Will of the said lady and her husband executed in 1982 that all the properties have been given to the trust for the benefit of the public at large. It is surprising that the benevolent disposition of the lady completely disappeared from the purported last will unlike previous one, and the entire vast properties, both movable and immovable, have been given away to the said Lodha appointing him sole executor of the said last Will. In view of the execution of two mutual Wills dated 13th July, 1982 a separate suit for specific performance has been filed and the same is pending. The executors appointed by the said lady and her husband by the Will in 1982 had already applied for grant of Probate of the said Will and the same is pending. In this proceeding the executor Lodha has deliberately suppressed the real value of the assets and properties left by the said deceased in the affidavit. He has deliberately showed the value of the estate left behind by the said lady valuing her estate to Rs. 3 crore and odd. In the rough estimation the value of the estate and properties left behind by the said childless couple would be nearly Rs. 2500 crore.