The clash of 'will'power: The jury is still out

Following courtroom drama, experts analyse which one will dominate legal proceedings

- BHAVINI MISHRA

It's the battle of two wills between Bharat Forge Chairman Baba Kalyani and his younger brother Gaurishankar Kalyani over their late mother Sulochana's will.

In a new twist in the ongoing legal dispute involving Baba, Gaurishankar, and the children of their sister Sugandha Hiremath regarding the Kalyani family assets, the Pune court has stepped in to hear the parties.

Baba has approached the Pune civil court, seeking to enforce a will of Sulochana dated January 27, 2012, while his brother Gaurishankar has disputed it with a different will dated December 17, 2022, which suggests a different way to distribute their mother's estate.

The Indian Succession Act, of 1925 (the Act) provides that a later will revokes an earlier will. A will is to be executed by the executors named in the will after the death of the person making the will (called the testator).

"However, interpreting this provision, the Supreme Court (SC) of India seems to have taken contrary views in two separate judgments," said Shaishavi Kadakia, Partner, Cyril Amarchand Mangaldas.