Delhi excessive courtroom decide Vikas Mahajan on Wednesday recused from listening to late businessman Sunjay Kapur’s mom, Rani Kapur, go well with looking for a declaration that the Rani Kapur Household Belief is null and void, alleging that it was fraudulently constituted by her late son and daughter-in-law, Priya Kapur, and used as a car to unlawfully divest her of the property bequeathed to her by her husband.
The Belief was constituted beneath a belief deed dated October 26, 2017, and holds a shareholding in automotive element producer Sona Comstar.
“Record earlier than another bench after acquiring the orders from decide incharge on the unique facet,” Justice Mahajan mentioned within the order, whereas itemizing the matter for January 29.
In her go well with filed on January 20, Rani asserted that she was the only beneficiary and legatee of your complete property of her late husband, Surinder Kapur, the promoter of a number of companies, together with the Sona Group of Corporations. She acknowledged that upon his demise, his complete property was bequeathed to her beneath a will that was duly probated by the Bombay Excessive Court docket.
The go well with added that after she suffered a stroke in 2017, her late son and his third spouse, Priya Kapur, allegedly exploited her bodily dependence and reposed belief to orchestrate a fancy scheme by which all her property have been transferred into the belief with out her knowledgeable consent, and your complete fraud perpetrated was found put up her son’s demise.
Additionally Learn: Rani Kapur strikes HC to annul ‘fraudulent’ belief shaped to ‘switch her property’
To make certain, Sunjay, who was the chairperson of Sona Comstar, died of cardiac arrest whereas taking part in polo in London on June 12 this yr. He was earlier married to designer Nandita Mahtani, and later to actor Karisma Kapoor, with whom he has two kids — Samaira and Kiaan. After their divorce in 2016, he married model-actor and businesswoman Priya in 2017, with whom he had a son, Azarius.
It additional acknowledged that upon receiving photocopies of the belief deed, she found that the belief property have been meant for use solely for the advantage of late Sunjay Kapur throughout his lifetime, solely excluding her. After his demise, 60% of the belief corpus was earmarked for the advantage of his third spouse, Priya Kapur, whereas the remaining portion was to be utilised for the advantage of her grandchildren—Samaira Kapur and Kiaan Kapur (Sunjay Kapur’s kids with Bollywood actor Karishma Kapoor) and Azairus Kapur (his son with Priya Kapur).
She added that she by no means knowingly executed any belief that excluded her from all advantages arising from the property, or one which restricted the enjoyment of the belief solely to 1 department of the household, leaving her successfully penniless throughout her lifetime. Rani additional added that Priya is the “chief mastermind” of the conspiracy.
She additional alleged that her signatures on the purported RK Household Belief deed have been cast, a declare she mentioned was corroborated by a forensic knowledgeable. She additionally asserted that she by no means learn the belief deed, was by no means knowledgeable of or made to grasp its contents, and was unaware that the doc presupposed to divest her of her complete property or to make her son the unique beneficiary of her legacy.
She has arrayed as defendants as many as 23 events, together with Priya Kapur and her seven grandchildren, amongst them Samaira and Kiaan, the 2 kids of Sunjay Kapur with Bollywood actor Karishma Kapoor, in addition to Nitin Sharma and Dinesh Agarwal, the witnesses to the desire that purportedly bequeaths Sunjay’s complete property to Priya Kapur.
The go well with was filed days after the Delhi excessive courtroom reserved verdict in a go well with filed by Karishma Kapoor’s kids, Samaira and Kiaan, to bar Priya and Azarius from making a third-party curiosity in Sunjay’s properties.
