AUGUST 15, 2004
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Attention Span
Telecom, civil aviation and insurance share this in common: they are all markets that have government-imposed entry barriers for varied reasons. This alters the dynamics of competition in these markets, and in different ways. But still, they must all hope for a customer with a long attention span.


Q&A: Jim Spohrer
One-time venture capital man and currently Director, Services Research, IBM Almaden Research Lab, Jim Spohrer is betting big on the future of 'services sciences'. And while at it, he's also busy working with anthropologists and other social scientists who look quite out of place in a company of geeks. So what exactly is the man—and IBM's lab—up to?

More Net Specials
Business Today,  August 1, 2004
 
 
How The Birlas Plan To Attack The Will

 

The Birla challenge is expected to centre around the argument that Priyamvada Birla's will is an "unnatural" document. According to sources close to the family, the will has several logical inconsistencies.

"For example, it talks of her being an instrument of God's will and of managing her estate as a trustee; it adds that she wants the charitable work to continue after her death. Wouldn't it be logical then to set up a trust for the purpose than to hand over the estate to one person and then on to his son?" they ask.

Taking this argument forward, the Birla legal eagles are expected to argue that nowhere does the will bind R.S. Lodha to a covenant of charity. "All it contains are hopes and wishes, which he can well ignore if he so desires," the source said.

"Would Priyamvada Birla be likely to take a chance like this?" they question. "There's no mechanism to enforce her wishes in case of deviation."

Legal circles also question the portion on Nandini Nopany's involvement. "Taking orders from an aunt is one thing... but taking orders from an outsider? Nopany was like the daughter Priyamvada Birla never had. It is very difficult to believe that she would subject such a dear person to this," they said.

And finally, they are expected to argue that the will is a very craftily drafted document that the simple and little educated Priyamvada would have had trouble understanding. "It seems to give an impression that the estate is being left for charity when in actual fact it is a bequest which benefits only one person," sources said.

Since the preamble and the general impression it creates is at wide variance with the operative portion of the will, the Birla team feels it can be challenged on the grounds that the testator could have been misled into believing that she was leaving her estate for charity when she was actually bequeathing it to an individual.

A purported copy of the will with the highlighted portions showing the Birlas' likely line of attack
OM

1. I, Priyamvada Devi Birla, aged about seventy one years residing at Birla Park, 18, Gurusaday Road, Calcutta 19, hereby make this last Will and Testament on this auspicious day on Akshaytritya, i.e., the 18th of April 1999. Any Will made prior to this date stands cancelled.

2. I make this Will and Testament in full possession of my sincere and good health with a full and complete understanding of the dispositions, directions and statements made herein.

3. God Almighty has showered his grace on me and my late beloved husband Syt. Madhav Prasad Birla and made us instruments for working on his Will, for serving the nation in the industrial and economic arena and for providing education, health and employment opportunities for the needy. Conscious of this after the demise of my beloved husband Syt. Madhav Prasad Birla, I am running the business concerns and managing the properties and institutions bequeathed to me in the true and sincere spirit of a trustee for the larger benefit of the country and in the interest of the shareholders and workers.

4. I have no heir either natural or adopted. Therefore, to continue the administration of all the businesses, properties, rights, and interests after my death, I, by this Will and Testament nominate Shri Rajendra S. Lodha (son of the late Jaswant Singhji Lodha and presently residing at 8, National Tower, 13, London Street, Calcutta 17) a devoted friend of the family and a Chartered Accountant of repute to take over the management, administration, financial, legal and every other aspect relevant to complete ownership, control and full management of all businesses and properties possesed or owned by me either directly or indirectly and the entire right title and the interest of all of which, I hereby bequeath to him with the following directions.

(i) He will exercise all powers, rights and duties and responsibilities in respect of the business concerns, properties and institutions to the extent I have been exercising

(ii) He will take such steps as are necessary for overseeing of and the control and management of all industries and investment companies owned and managed by me when I was alive. It is my desire that the MP Birla Group of Companies consolidate, expand and grow in the years ahead with excellence in management through professional expertise, monitoring and systems with appropriate autonomy and accountability and without interference or involvement of my relatives or other family members. I am confident that the management of our companies shall accordingly rise to the occasion and run their concerns with interest efficiently (under) overall control and guidance of Shri Rajendra Lodha.

(iii) All institutions dealing with charitable and philanthropic activities shall have as their mission to strive to their utmost for the concern and care of the needy and the underprivileged and for serving humanity and the management of these institutions shall continue to act as Trustees as if they shall give themselves with the simplicity, humility, discipline, active involvement and dedication inspiringly displyed by the Group's founder Syt. MP Birla. I hope and wish that Smt. Nandini Nopany continues to be actively involved in these activities subject to the overall guidance of Shri Rajendra Lodha who if and when circumstances necessitate will give such advice and instructions as are needed.

(iv) He will give financial and administrative support to the charitable institutions maintained by me when I was alive.

(v) He will also endeavour to afford and expand the reliefs for the needy and poor regardless of religion, community, caste or creed in the fields of education, health and other objectives of general public utility, construct schools, colleges and technical institutions in important centres, establish and maintain libraries useful for scholars that should inter alia contain books on our ancient wisdom in vedas, vedantas, upanishads, shastras and works of great saints and sages, and provide adequate research facilities in all branches of knowledge useful to society.

(vi) He will have power to seek guidance, advice and such assistance as he may consider necessary from any eminent person or group of persons in specialised fields and acknowledged expertise.

5. (i) Shri Rajendra S. Lodha has expressed his desire to ultimately devote more time to philanthropy and for public causes in the years and specifically once he reaches the age of 65. It is my keen desire and wish that notwithstanding what has been stated hereinabove as and when this happens his son Harsh Vardhan whom I have been personally grooming since sometime forthwith takes the place of his father in full measures set out in para 4. hereinabove as and when and in such manner as Shri Rajendra S. Lodha so decides and with the hope and wish that in such event he continues his active involvement with our charitable and philanthropic institutions.

(ii) I hereby appoint Shri Rajendra S. Lodha as the Executor of this Will.

In witness whereof I have signed this Will at Calcutta on this 18th day of April 1999.

Smt Priyamvada Devi Birla

In the presence of us all three being present at the same time and at her request subscribed our name hereunder as witnesses.


1. Dr Madan S. Vaidya Sd/-
4, Lord Sinha Road
Calcutta-16

2. P.L Agarwal
Khaitan & Co. Solicitors
9 Old Post Office Street
Calcutta-1

3. Mahabir Prasad Sharma
64, Syed Amir Ali Avenue
Calcutta-19

(To preserve the authenticity of the above document, it has not been edited. Only very obvious spelling mistakes have been corrected.)

 

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