Kolkata: In the first ever move to establish his claim as per the controversial Will of Priyamvada Birla, Rajendra Singh Lodha, who was bequeathed over Rs 5000 crore of assets of M P Birla Group, today (July 19, 2004) filed a probate application in Calcutta High Court even as Birla family reiterated their resolve to challenge the Will.

The application on behalf of Lodha, who had maintained complete silence since the Will was opened on July 12, was filed by the leading solicitor firm Fox and Mondal.

"We have filed the probate application on behalf of Lodha today," Debanjan Mondal, a partner in the solicitor firm, told but refused to give further details.

The move was on expected lines as without probate, the Will, which had created a storm in Birla family, cannot be implemented.

The Birlas, however, have already raised doubts over the authenticity of the Will and have filed caveats so that they be heard before the legal authentication of the Will.

Though none of the senior members of the Birla family like B K Birla, S K Birla or K K Birla were available for their reaction, a senior official of the group, who is close to S K Birla told that with the Lodha's current move, decks were cleared for a legal battle.

"We have already filed a caveat in Calcutta High Court and now that Lodha has made probate application, we will get a notice from the court and also a copy of the Will by virtue of which Lodha claims to have been bequeathed the assets of M P Birla Group," a senior Birla Group official said.

The official said that Birlas would reply to the notice of court, which was expected in view of the caveat filed earlier, and reiterated the family's stand of opposing the purported Will of Priyamvada.

Priyamvada Birla, who had no children, died on July 3, 2004 and the disputed Will was opened by Lodha before the other members of the Birla family on July 12. Meanwhile Lodha and his sons, A V and H V Lodha, continued to evade the media as repeated attempts to contact them for reaction at their office and residence proved futile.