Delhi HC judge recuses from Rani Kapur’s plea against ‘fraudulent’ family trust
New Delhi: A Delhi High Court judge on Wednesday recused himself from hearing a plea filed by Rani Kapur, mother of late businessman Sunjay Kapur, seeking cancellation of “fraudulent and illegal” trust that allegedly divested her of her entire estate and family legacy, including control over key Sona Group companies.
The civil suit was listed before Justice Vikas Mahajan, who declined to hear the matter and directed that it be listed tomorrow before another bench.
The 80-year-old widow has sought declaratory and consequential relief to have the so-called RK Family Trust/Rani Kapur Family Trust declared null and void, along with a permanent injunction restraining the defendants from acting upon or utilising the trust in any manner.
According to the complaint, Kapur is the sole beneficiary of the estate of her late husband, industrialist Dr Surinder Kapur, who passed away in 2015, leaving behind all his movable and immovable properties to her through a will probated by the Bombay High Court in 2016.
The suit alleged that despite this, her entire estate was clandestinely diverted into a new trust without her knowledge or informed consent. “The plaintiff, a senior citizen, has been defrauded of her entire estate, legacy and belongings by a complex web of illegal acts, forgery and undue influence,” the suit stated, alleging collusion between several defendants and her late son, Sunjay Kapur.
The suit added that she was repeatedly made to sign documents, including blank papers, under the assurance that everything was being done in accordance with her wishes. “At no point was the plaintiff informed that she was being divested of her entire estate or excluded as a beneficiary,” the suit claimed.
“The plaintiff has never knowingly executed such a trust, nor would she ever agree to a structure that renders her penniless during her lifetime,” the suit added. The complaint also claimed that within days of Sunjay Kapur’s death, control of key group companies was taken over without her knowledge.
Calling the trust “illegal, fraudulent and a product of a calculated conspiracy,” Kapur has urged the Delhi High Court to restore her estate to the position that existed prior to the creation of the RK Family Trust.