Delhi HC judge steps away from Rani Kapur's suit
What's the story
Justice Vikas Mahajan of the Delhi High Court has recused himself from hearing a suit filed by Rani Kapur, mother of late businessman Sunjay Kapur. The suit seeks to declare the Rani Kapur Family Trust null and void, alleging it was fraudulently created by her son and daughter-in-law Priya Kapur to unlawfully deprive her of assets inherited from her husband Surinder Kapur. The trust holds a stake in Sona Comstar, an automotive component manufacturer, led by Sunjay.
Case details
Court to hear case tomorrow
Justice Mahajan ordered that the case be listed before another bench after obtaining orders from the judge in charge of the original side. The matter has been scheduled for hearing on Thursday, January 29. In her suit, the octogenarian claimed she was the sole beneficiary of her late husband's estate, which was bequeathed to her under a will probated by the Bombay High Court after his death.
Allegations
Kapur alleged exploitation and fraud by late son
Kapur alleged that after suffering a stroke in 2017, her son and his third wife exploited her physical dependence to transfer all her assets into the trust without her consent. She claimed this fraud was discovered only after her son's death. The trust deed, dated October 26, 2017, reportedly stipulated that its assets were for the exclusive benefit of Sunjay during his lifetime and later for Priya and their child Azarius Kapur.
Accusations
Kapur has named 23 defendants, including seven grandchildren
Kapur further alleged that her signatures on the RK Family Trust deed were forged, a claim she said was supported by a forensic expert. She also claimed she never read or understood the trust deed and was unaware it divested her of her estate or made Sunjay its exclusive beneficiary. She has named 23 defendants, including Priya and her seven grandchildren, as well as Nitin Sharma and Dinesh Agarwal, witnesses to Sunjay's will.
Legal proceedings
Suit was filed after HC reserved verdict in another case
The suit was filed just days after the Delhi High Court reserved its verdict in a case filed by Samaira and Kiaan, children of Bollywood actor Karisma Kapoor and Sunjay. They sought to prevent Priya and Azarius from creating a third-party interest in Sunjay's properties. Sunjay, who served as the chairperson of Sona Comstar, passed away due to cardiac arrest while playing polo in London on June 12 last year.