Witnesses spell trouble for Lodha

<div class="section1"><div class="Normal"><span style="" font-family:="" arial="" font-size:="">KOLKATA: Two of the three witnesses to late Priyamvada Birla’s will, Dr Madan Vaidya Misra and P L Agarwal, have reportedly written to Fox & Mandal, R S Lodha’s lawyers, stating that that their affidavits as attesting witnesses to the will should not be used for the purpose of granting probate or authenticating the will as MP Birla’s widow did not sign the will in their presence.</span><br /><br /><span style="" font-family:="" arial="" font-size:="">The two witnesses have reportedly said in their letter to Fox & Mandal that their signatures were obtained on a document which was described as a will, but the contents were concealed. </span><br /><br /><span style="" font-family:="" arial="" font-size:="">The witnesses said the document was not signed in their presence by late Priyamvada Birla. Both witnesses have reportedly said Lodha had brought the document to them for signature and they signed it. </span><br /><br /><span style="" font-family:="" arial="" font-size:="">Sources in the Birla Building confirmed the development but Abhrajit Mitra, legal counsel for Lodha, said "legally, nothing has been served on Fox & Mandal and I do not have any knowledge about it". Asked to clarify the names of the witnesses who have recanted, he said "I am not in a position to do so."</span><br /><br /><span style="" font-family:="" arial="" font-size:="">Efforts to contact Devanjan Mandal of Fox & Mandal proved futile. He was reportedly closeted in a conference with Mitra all evening. It is also learnt that Mishra and Agarwal moved an application before Calcutta High Court recalling their affidavits as attesting witness. The third witness to the will was M P Sharma, the personal secretary to the last Priyamvada Birla. </span><br /><br /><span style="" font-family:="" arial="" font-size:="">The reported recanting of two witnesses may make the going tougher for Lodha. The witnesses are crucial to the battle of the will, and their word could make or break the case for either side. Not only do they have to file affidavits attesting the authenticity of the will during its probate, but if contested, the witnesses can be called upon to testify on the mental and physical condition of the testator.</span></div> </div>