The Supreme Court on Monday nudged parties in the Rani Kapur–Priya Kapur dispute over the Sona Group family trust to explore mediation, observing that a prolonged inheritance battle involving an 80-year-old litigant would serve little purpose. (Rani Kapur Vs Priya Sachdeva Kapur)
A Bench of Justices JB Pardiwala and Vijay Bishnoi told the lawyers,
"Why are you all fighting? This is not the age for your client to fight…go for mediation once and for all, from A to Z. Otherwise, this is a waste.”
The Court alos remarked that merely prolonging litigation achieves little, particularly when disputes arise at an advanced age.
“You are 80. This is not the age for your client to fight."
The dispute arises from a suit filed by Rani Kapur challenging the creation of the Rani Kapur Family Trust. She has alleged that the trust was constituted fraudulently and used to divest her of her entire estate, including control over Sona Group companies.
According to the suit, after she suffered a stroke in 2017, her late son Sunjay Kapur and his wife Priya Kapur exploited her physical condition and trust. They allegedly transferred her assets into the family trust without informed consent.
The plea claims that she was made to sign documents, including blank papers, under the pretext of administrative convenience.
The dispute intensified after Sunjay Kapur’s death in June last year. Rani Kapur has alleged that Priya Kapur moved swiftly thereafter to assume control over key Sona Group entities. She claims that a substantial portion of the family assets has now gone to Priya Kapur and the children, leaving her with nothing.
Parallel proceedings over control of the estate and assets are already pending before the Delhi High Court. The litigation before Supreme Court seeks a status quo on alienation of all the properties of the trust.
Appearing for Rani Kapur, Senior Advocate Shyam Divan submitted that in disputes involving “vast estates and huge contestations,” courts ordinarily grant protective orders at the threshold.
Senior Advocate Madhavi Divan, appearing for the daughter, supported the case of the daughter, stating that they had been “left without anything.”
Senior Advocate Naveen Pahwa, appearing for certain grandchildren, also backed the plea, submitting that they stood excluded.
The Court noted that the dispute may become prolonged and emphasised on a settlement.
“It will be in the interest of all the parties concerned if they go for a mediation and try to resolve the disputes peacefully and equitably...We shall, if necessary, hear the matter on merits; however, first, we should make an attempt to convince the parties to go for mediation.”
The matter will be listed next week.
Senior Advocate Vaibhav Gaggar also appeared for Rani Kapur.