Inheritance war: Late PRS Oberoi’s daughter approaches Delhi HC over 'conspiracy to seize assets' by step-siblings, cousin

PRS Oberoi’s death in November last year has sparked a bitter inheritance war within the family with his daughter Anastasia Oberoi filing a case has against her brother Vikramjit Oberoi, sister Natasha Oberoi, and cousin Arjun Oberoi and others. 

In her lawsuit, Anastasia has claimed the above-mentioned relatives in conspiracy with the executors appointed by their late father are attempting to obstruct the execution of his will.  

At the heart of the dispute is claims over the shares held by Late PRS Oberoi, in EIH Ltd, Oberoi Hotels and Oberoi Properties.  

A bench of Justice Navin Chawla issued an interim order in favour of Anastasia Oberoi preventing the transfer of shares held by the late PRS Oberoi.  

The court noted that there is sufficient material placed on record by the plaintiffs, including Anastasia and her mother, to demonstrate the prima facie reliability of the will and the Codicil of the Testator propounded by them. According to the court, the plaintiffs have been able to make out a good prima facie case in their favour. 

The court also protected Anastasia’s and her mother’s continued possession of their family home, restraining the defendants from interfering with their possession and enjoyment of land and building situated at Khasra no 160/4 located in Bijwasan village, Kapashera, Delhi. 

The court has restrained the defendants, including the three executors of the will Rajaraman Shankar, Daniel Lee Farrugia and Natasha Oberoi, from transferring or transmitting any shares in EIH Ltd, Oberoi Hotels and Oberoi Properties held by PRS Oberoi.  

“The plaintiffs are likely to suffer grave irreparable harm in case the subject matter of the suit, that is the shares and properties, are alienated during the pendency of the suit and before the defendants file their response and the same is considered by this court,” the court said. 

The direction has been issued with one exception of transfer of one class-A share in Oberoi Hotels and Oberoi Properties to COO of Oberoi Hotels Rajaraman Shankar.  

However, the court has allowed COO Shankar to exercise his voting right only for purposes of ensuring statutory compliances and filing of statutory reports regarding transmission of the single Class-A share. The HC has clarified that for other agenda items, Shankar will not be deemed to be present in such general meetings while exercising his rights as a holder of Class-A share. 

The court noted that the plaintiffs are propounding a will dated 25.10.2021 read with Codicil dated 27.08.2022 of the Testator late PRS Oberoi.  

In terms of the said will, inter alia, half of the shares held by the Testator in Oberoi hotels and Oberoi Properties were to devolve on defendant no.3 and on AO Trust, of which the Anastasia is a trustee and the sole beneficiary.  

Anastasia claims that half of the shares were, therefore, bequeathed by the Testator in her favour though indirectly through the trust. 

The court noted that two defendants Vikramjit and Arjun have challenged the validity of the said will and have also propounded an earlier will of the testator dated 20.03.1992.  

They have also set up a case of an oral family settlement between the Testator and his father, submitting that the oral family settlement is, in fact, reflected in a series of documents, which purport to create a constructive Trust of the shares held by the Testator in their favour. 

The court noted that the issues involved would have to be determined once the defendants file their response to the suit and to the application along with the documents on which they rely upon. 

The court has issued summons on the suit, and granted time to parties to file their responses.  

Some other reliefs sought:  

• Anastasia has also urged court to declare that she is entitled to 1,68,281 shares of EIH owned by late PRS Oberoi by virtue of the last will. She also sought mandatory injunction against transfer of 1,68,281 shares of Defendant No. 4 in her favour from PRS Oberoi’s demat account maintained with ICICI Bank or such other account. The court has issued an ad interim injunction in this regard.  
   
• Plaintiffs sought a declaration that they are entitled to own, hold, enjoy and exercise all rights in 1,600 Class A shares and 62,075 Class B shares of Oberoi Hotels and 100 Class A shares and 2,600 Class B shares of and Oberoi Properties and 46% capital contribution in Aravali Polymers LLP (def 9) by virtue of the PRS Oberoi’s will. 
   
• A decree of permanent injunction against defendants from registering any transfer or transmission of shares held by late PRS Oberoi in Oberoi Hotels and Properties, other than in favour of the legatees under the last will dated October 25, 2021, read with Codicil dated August 27, 2022, of late PRS Oberoi.
   
• Handing over to plaintiffs the share certificates for 1,600 A Class shares and 62,075 B Class shares of Oberoi Hotels and 100 A Class shares and 2,600 B Class shares of Oberoi properties.
    
• Declare that the immovable property situated in “Villa Aashiana”, together with all buildings and other fixed improvements situated thereon along with all contents of the said “Villa Aashiana” stands vested in favour of the Plaintiffs as trustees of the Aashiana Trust.
   
• Declare that, in the event any other assets of late PRS Oberoi are discovered, plaintiffs are entitled to 50% of such residuary estate of late PRS Oberoi. Disclosure on oath of details of all assets of late PRS Oberoi, including the land situated in Kanha, Madhya Pradesh.