
The Delhi High Court on Wednesday issued notice on a plea filed by Bollywood actor Karisma Kapoor’s two children seeking a share in the assets of their deceased father Sunjay Kapur.
Justice Jyoti Singh also ordered Kapur's third wife and the main defendant in the case, Priya Sachdeva Kapur, to submit a list of all movable and immovable assets of Sunjay Kapur after the children submitted that a will was forged by Priya Kapur to usurp their father's assets.
"Issue notice. Reply in two weeks, rejoinder in a week thereafter. Along with replies, Defendant 1 will file a list of all movable and immovable assets known to Defendant 1. Assets to be declared as of June 12," the Court ordered.
The matter will be heard again on October 9 to decide on the plea by Kapoor's children for an interim injunction.
The Court also asked Priya Kapur why she was reluctant to give a copy of the will to Karisma's children.
"I don't know why you should not part with the copy of the will to the children. Of course there can be a non-disclosure agreement. We can constitute a confidentiality club as well. We do this in intellectual property matters routinely," the judge remarked.
The siblings have accused stepmother Priya Kapur (Sunjay's third and last wife) of forging Sunjay Kapur's will and trying to gain total control of the assets.
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.
The children, represented by their mother, moved the Court arguing that they have been wrongfully excluded from Kapur’s estate by Priya Kapur following his sudden death in June this year while in the United Kingdom.
The suit names Priya Kapur, her minor son, his mother Rani Kapur and the purported executor of the will, Shradha Suri Marwah, as defendants.
Central to the dispute is a will dated March 21, 2025, which allegedly leaves Sunjay Kapur’s entire personal estate to Priya Sachdeva Kapur.
The children have claimed that their stepmother conspired with two associates, Dinesh Agarwal and Nitin Sharma, to suppress the will for over seven weeks before revealing it at a family meeting on July 30.
According to the plea, the will is forged and fabricated.
“The Plaintiffs submit that the purported will allegedly executed by the Plaintiffs’ father is not a legal and valid document, is forged and fabricated and in any event surrounded by suspicious circumstances. It is for this reason that neither the original of the Alleged Purported Will has been shown to the Plaintiffs nor a copy of the Alleged Purported Will has been provided,” the suit submitted.
As per the suit, Priya Kapur’s conduct demonstrates an attempt to “usurp full control” over Sunjay Kapur’s estate to the exclusion of other legal heirs.
The children said they should be declared as Class I legal heirs and to pass a decree of partition granting them a one-fifth share each in their father’s assets.
As interim relief, they sought the freezing of all personal assets belonging to Sunjay Kapur until the matter is resolved.
Senior Advocate Mahesh Jethmalani appeared for the Kapur siblings and argued that the will, which leaves them out of their father’s assets, is not registered and the context surrounding its discovery was suspicious.
“Why is it suspicious? It is because this will was not disclosed to us. The executor says she discovered it one day earlier [of the meeting between the family members of Sunjay Kapur]. This goes beyond reason because the person who disclosed that a will exists is also an employee of the company,” Jethmalani said.
He also submitted that the will’s executor said that if the plaintiffs want a copy of the will, they must sign a non-disclosure agreement (NDA).
Jethmalani added that they are asking for the details of Kapur’s total assets.
Senior Advocate Rajiv Nayar, appearing for Priya Sachdeva Kapur, said that the suit was not maintainable.
He further contended that a will being unregistered does not make it invalid.
Nayar disclosed that assets worth around ₹1,900 crores have been transferred to the plaintiff siblings and that the Karisma Kapoor and Sunjay Kapur’s marriage culminated in a bitter divorce after which she was “nowhere to be seen”.
“I have a 6-year-old child. I am a widow. I am his last wife… There is nothing secret about the will. I have said that I will share it, but they will have to share a non-disclosure. It's been disclosed to the court,” he said.
Senior Advocate Akhil Sibal, appearing for Priya Sachdeva Kapur and Sunjay Kapur’s minor son, said that there was digital evidence to prove that the will was created and executed much before Kapur’s death.
Meanwhile, Senior Advocate Vaibhav Gaggar appeared for Sunjay Kapur’s mother Rani Kapur and stated that she too has been left without anything.
There is something incredibly unholy, Gaggar stressed.
“I have written at least 15 emails asking about the will, what are the documents? Not a word has been shared. I have been told that my emails have been compromised. There is something incredibly unholy. ₹10,000 crore worth of assets should have been mine. I am 80-year-old,” he said.
Gaggar asked for a status quo order with regards to the assets.
After considering the arguments, Justice Singh registered the suit and said that the doctrine of lis pendens applies once the suit is registered.
"The moment I register this suit, the doctrine of lis pendens kicks in," she said.
The Court then asked the parties to file the written statements and listed the matter before the Joint Registrar.
The interim injunction application will be heard on October 9.
Senior Advocate Mahesh Jethmalani and Advocate Saurav Agrawal, Ravi Sharma and Akhil Sachar briefed by a team of Shantanu Agrawal of a Lexster Law and Madhulika Rai Sharma appeared for the two children of Karisma Kapoor.
Senior Advocates Rajiv Nayar, Akhil Sibal and Shyel Trehan appeared for Priya Sachdeva Kapur and her minor son. They were briefed by Bahuguna Law Associates through Meghna Mishra, Ankit Rajgarhia and Tarun Sharma and Rohit Kumar.
Senior Advocate Vaibhav Gaggar represented Sunjay Kapur’s mother Rani Kapur.
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