A recent layer of authorized complexity has emerged within the ongoing inheritance dispute over the estimated Rs 30,000 crores property of late industrialist Sunjay Kapur, with senior advocates questioning the validity of the Will produced by his third spouse, Priya Kapur, on grounds of non-compliance with probate necessities and absence of executor consent.
Delhi HC examines validity of Sunjay Kapur will over absence of probate and executor motion; particulars inside
Throughout proceedings on December 10, 2025, counsel representing Sunjay Kapur’s kids, Samaira and Kiaan Kapur, argued earlier than the Delhi Excessive Court docket that the alleged Will suffers from structural and authorized infirmities that transcend procedural lapses. On the centre of the problem is the conduct of the named executor, Shradha Suri Marwah, who, in response to the Will’s personal clauses, was required to right away assume custody of the property’s property and provoke probate proceedings following Kapur’s loss of life.
Senior advocate Mahesh Jethmalani contended that neither step was taken. “Defendant no. 4 has acted in full dereliction of the alleged Will,” he submitted, declaring that no probate has been sought and no property had been taken below the executor’s management, regardless of the doc making probate a compulsory requirement. Clause 3 of the Will, he argued, leaves no discretion on the matter.
The difficulty was additional sophisticated by a June 24, 2025 communication during which Suri reportedly wrote to Priya Kapur, asking her to provoke probate proceedings. In line with the youngsters’s counsel, this correspondence implicitly acknowledges that the authorized obligation to hunt probate lay with the executor herself. They keep that this contradiction undermines the doc’s credibility and raises questions on whether or not the Will was ever meant to be acted upon as claimed.
Including to the problem is Suri’s earlier assertion that she had no prior information of being appointed executor till she allegedly obtained an electronic mail from Dinesh Agarwal, a witness to the purported Will. Jethmalani argued that below settled legislation, an executor can’t be appointed with out consent or a minimum of prior session, calling the shortage of such consent a “critical crimson flag” within the Will’s execution and presentation.
Authorized consultants echoed these issues. Bombay Excessive Court docket lawyer Rahul R. Shelke mentioned the inconsistencies strike on the root of enforceability. “If a Will mandates probate and custodial switch and the executor ignores each, the courtroom is entitled to query whether or not the Will existed within the method claimed. You can not selectively depend on a Will—both it’s adopted in full or its credibility collapses,” he famous.
Alongside questions over probate, the youngsters’s counsel additionally pressed the courtroom to nominate an impartial administrator to safeguard Sunjay Kapur’s abroad property till the Will’s validity is conclusively decided. Jethmalani warned that with out courtroom oversight, overseas property could possibly be offered, refinanced or in any other case handled, probably dragging the events into a number of abroad authorized battles.
“There must be a receiver or an administrator appointed for Sunjay’s property. If this Will is used abroad, we could possibly be compelled to litigate in a number of jurisdictions,” he informed the courtroom, stressing that in contrast to home property, overseas holdings may be moved or encumbered with little real-time supervision.
Sunjay Kapur’s worldwide portfolio reportedly consists of residential properties in New York and the UK, in addition to overseas-linked investments linked to Aureus Investments Pvt Ltd. In line with the youngsters’s aspect, possession claims to those property at present relaxation on the disputed Will.
Senior advocate Pratik Thadani noticed that ambiguity turns into notably dangerous when overseas property are concerned. “It’s neither smart nor equitable to go away management with a single beneficiary when a Will is below problem and executor obligations stay unfulfilled. Appointing an impartial administrator shouldn’t be about selecting sides however about defending the property till the courtroom reaches a closing view,” he mentioned.
The priority, as outlined earlier than the courtroom, is that after transactions primarily based on an unverified Will happen overseas, they could be troublesome or unimaginable to reverse, even when an Indian courtroom later rejects the doc. For Samaira and Kiaan Kapur, the demand for an administrator is positioned as a protecting measure to protect the property and make sure that the ultimate adjudication shouldn’t be rendered meaningless by irreversible cross-border actions.
Because the Delhi Excessive Court docket continues to scrutinise the alleged Will, the dispute now hinges not simply on signatures and witnesses, however on whether or not the doc was ever acted upon within the method the legislation requires.
Additionally Learn: Priya Kapur’s ‘place swap’ defence faces main setback in Sunjay Kapur Will case: Court docket flags energy seize, lacking attachment and “suspicious suppression”
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