The last hope of a negotiated settlement between the Birla family and R S Lodha has ended with the former filing a series of affidavits opposing the petition of R S Lodha to obtain a probate on the will of Priyamvada Birla.

The late Priyamvada, chairperson of the M P Birla group, has passed on M P Birla group assets to group co-chairman R S Lodha by a will.

Birla vs Lodha: War over a will

The matter will now go for trial before the Calcutta high court either through examination of the caveators opposing the probate, or through a direct suit as a contentious cause. Lodha had approached Calcutta high court for probate of the will.

The Birla family had decided to contest the will and oppose the grant of probate. However, there were rumours of an out-of-court settlement. With the filing of the Birla affidavit, the matter would now be treated as a contentious cause and be heard as a suit through one of two routes.

Under one scenario, hearing of the probate suit on late Priyamvada Birla's will could be pushed back if the Lodha side decided to 'examine' the interest of the caveators.

Sources close to the development said R S Lodha could ask for a trial prior to the final suit to examine the interest of the caveators.

However that would exclude M P Birla's sisters -- Lakshmi Newar and Radha Mohta. The two ladies have been accepted as natural heirs.

Under the second option, Lodha could decide to accept the reply of Newar and Mohta and proceed to fight a suit to establish the will he had submitted to obtain probate.

N G Khaitan, advocate for the Birla family, said affidavits had been filed by his clients in support of their caveats. The filing was to be done by July 31.