Priya Sachdev Kapur told the Delhi High Court today on Wednesday that her husband Sunjay Kapur’s will is genuine and that the allegations made that it was forged by her, are wrong.
Senior Advocate Rajiv Nayar appeared for Kapur and stated that typographical errors in the will do not invalidate it and that no one has challenged the authenticity of Sunjay Kapur's signature on the will.
“The only grounds of challenge to a will are if the deceased was not in a sound mind or that he was under some coercion or inability to execute the will. Now I am being told that there are four additional grounds like wrong spelling, wrong address, errors like writing testatrix instead of testator and closeness of witnesses. Is a will to be invalidated because there are spelling errors?” Nayar asked.
He stated that the fact that the will was produced seven weeks after Sunjay Kapur’s death also does not invalidate it either.
“Is it a ground to invalidate the will just because it surfaced after 7 weeks? Is that a challenge maintainable under the law? Suppose I kept the will in my pocket, and it surfaces at an appropriate time, will it be declared invalid?”
Nayar made the submissions before Justice Jyoti Singh while she was hearing the partition suit filed by actor Karisma Kapoor's two children seeking a share in their father Sunjay Kapur's assets. Nayar was opposing the interim relief application to restrain Priya Kapur from creating any third-party rights on the assets.
The siblings have accused stepmother Priya Kapur (the third wife of Sanjay Kapur) of forging Sunjay Kapur's will and trying to gain total control of the property.
Karisma Kapoor and Sunjay Kapur were married for 13 years, between 2003 and 2016 before getting divorced. They have a son and a daughter together. Sunjay later married Priya.
Central to the dispute is a will dated March 21, 2025, which allegedly leaves Sunjay Kapur’s entire personal estate to Priya Sachdeva Kapur.
Nayar today argued that Karisma Kapoor has tried to build a story that there was nothing wrong in her relationship with Sunjay Kapur, but that assertion is wrong.
“Of course in wife versus wife, the present wife will be preferred, not the estranged wife,” he said.
Addressing the genuineness of the two witnesses to the will, Nayar said that they were the Chartered Accountant (CA) and Company Secretary (CS) and that Sunjay Kapur's father's will was also signed by a CA and CS working in the company.
"I have also produced affidavits of the two witnesses," he added.
Nayar will continue with his arguments on Friday.
Senior Advocate Mahesh Jethmalani had earlier appeared for the plaintiffs and alleged that the will was forged by Priya Sachdev Kapur with the help of the two witnesses and the executor.
Read Jethmalani's submissions for Karisma Kapoor's two children here.