H.S. Bedi JUDGMENT
S.B. Sinha, J.
1. Leave granted.
INTRODUCTION
2. What is a caveatable interest within the meaning of the Indian Succession Act, 1925 (1925 Act) vis-a-vis the Rules framed by the Calcutta High Court in the year 1940 is the question involved herein.
BACKGROUND FACTS
3. Smt. Priyamvada Devi Birla (PDB) and her husband Madhav Prasad Birla (MPB) were admittedly very wealthy persons. They owned an industrial empire known as the MP Birla Group of Industries. They were issueless and known for their charitable disposition. They used to run several charitable institutions.
4. Both MPB and PDB are said to have executed mutual wills on identical terms on or about 10th May, 1981 bequeathing his/her respective estate(s) barring certain specific legacies to the other and on the death of the survivor to the 'charities' to be nominated by the executors. However, the said wills were revoked and another set of mutual wills were executed on 13th July, 1982 in terms whereof, four executors were appointed in each set of Will (1982 Will).
The executors nominated in MPB's Will were:
1. Smt. Priyamvada Devi Birla (PDB)
2. Krishna Kumar Birla (KKB)
3. Kashinath Tapuria and
4. Pradip Kumar Khaitan ;
Whereas the executors nominated in PDB's will were:
1. Madhav Prasad Birla (MPB)
2. Ganga Prasad Birla (GPB)
3. Kashinath Tapuria
4. Pradip Kumar Khaitan
5. MPB died on 30th July, 1990.
6. On or about 18th April, 1999, PDB executed her last Will (1999 Will) bequeathing her entire estate to the first respondent i.e. Rajendra Singh Lodha (RSL). He was also appointed as the sole executor. She executed a codicil on 15th April, 2003.
7. PDB died on 3rd July, 2004.
PROCEEDINGS BEFORE THE HIGH COURT
8. KKB, BKB, and Yashovardhan Birla (YB), the appellants herein, having come to learn of the execution of the said Will filed caveats on 14th July, 2004 to oppose the grant of probate of the 1999 Will. Ganga Prasad Birla (GPB) and Smt. Laxmi Devi Newar also entered caveats on 19th July, 2004.
9. In his application for grant of probate, GPB accepted that Smt. Laxmi Devi Newar and Smt. Radha Devi Mohatta were the heirs and legal representatives of PDB. In the said application, Pradip Kumar Khaitan and Kashinath Tapuria were also parties.
10. On or about 19th July, 2004 the first respondent, RSL filed an application for grant of probate of 1999 Will (P.L.A. No. 204 of 2004) before the High Court of Calcutta showing Smt. Laxmi Devi Newar and Smt. Radha Devi Mohatta, the two sisters of MPB, as the only heirs and legal representatives of the testatrix.
11. Smt. Radha Devi Mohatta also entered a caveat on 22nd July, 2004.
12. First respondent took out an application which was marked as GA No. 2721 of 2004 seeking discharge of caveats entered by or on behalf of KKB, BKB, GPB and YB before the High Court of Calcutta. Appellants as also Smt. Laxmi Devi Newar filed their respective affidavits in support of the respective caveats filed on 30th July, 2004. An affidavit in support of her caveat was also filed by Smt. Radha Devi Mohatta.
13. The executors ........