Rani Kapur challenges family trust, SC issues notice to Priya Kapur

The Supreme Court of India sought responses from Priya Kapur and others on a plea by Rani Kapur challenging a family trust, while urging mediation in the escalating property dispute

New Delhi: The Supreme Court on Monday sought a response from late industrialist Sunjay Kapur’s wife, Priya Kapur and others on a lawsuit by his mother seeking directions to declare the family Trust “null and void” while suggesting parties to explore mediation.

A bench of Justices J B Pardiwala and Vijay Bishnoi issued notice to Priya Kapur and others on the plea filed by 80-year-old Rani Kapur alleging that the Trust, which was constituted in her name in October 2017, was a product of “forged, fabricated and fraudulent” documents.

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The legal proceedings over control of the estate and assets are pending before the Delhi High Court, and the petition before the top court seeks a status quo on alienation of all the properties of the Trust.
During the hearing, the top court asked the parties in the dispute over the Sona Group Family Trust to explore mediation. “Why are you all fighting? This is not the age for your client to fight.

“Go for mediation once and for all. Otherwise, this is a waste. You are 80 years old. This is not the age for your client to fight,” the bench told the lawyer appearing for Kapur. The top court posted the matter for hearing on May 7.

In the lawsuit, Rani Kapur has sought a direction to permanently restrain the defendants — her daughter-in-law Priya Kapur and others, including grandchildren — from utilising or acting in furtherance of the “RK Family Trust” in any manner whatsoever.

Her plea said she was the sole beneficiary of the entire estate of her late husband, Surinder Kapur, who was the promoter of various businesses, including the ‘Sona Group of Companies’, and a “systematic fraud” was committed on her when the assets were transferred to the ‘RK Family Trust’.

Till the time of his death, Sunjay never confirmed to Rani Kapur that she had actually been divested of all her rights, assets and legacy and never provided a copy of the purported RK Family Trust to her, the plea claimed.

“By means of a complex web of illegal transactions undertaken by the defendant Nos. 1 to 9 (Priya Kapur and others) in an unfortunate collusion with the plaintiff’s now deceased son, late Mr. Sunjay Kapur, all the plaintiff’s assets vest in one fraudulent trust titled — RK Family Trust, without her knowledge,” the lawsuit said. Sunjay Kapur passed away on June 12 after collapsing during a polo match in England. He reportedly suffered a sudden cardiac arrest.

A plea by Karisma Kapoor’s two children challenging the authenticity of the purported will of their late father is also pending in the Delhi High Court, with the kids accusing his wife Priya Kapur of being “greedy”.