Delhi High Court can't order status quo over Sunjay Kapur's US, UK assets: Priya Kapur and son argue

Priya Sachdev Kapur and her minor son Azarius told the Delhi High Court on Tuesday that it does not have the jurisdiction to injunct them from seeking title to Priya's late husband Sunjay Kapur’s immovable properties in the UK and the US. 

Senior Advocate Akhil Sibal appeared for six-year-old Azarius and said that Priya Kapur has no intention to sell the shares of Aureus Investment Private Limited (AIPL), which were transferred to her after Sunjay Kapur’s death. But as far as the immovable assets situated in the US and the UK are concerned, the High Court has no jurisdiction to pass a status quo order regarding them, he said. 

“This Court has no jurisdiction to declare title and grant partition qua foreign immovable property… Under settled principles of private international law, questions of title partition etc of immovable property can only be determined by the courts of jurisdiction in which property is situated… I have said so in my written statement,” Sibal said. 

The submission was made in response to the suit filed by Sunjay Kapur's children from his first marriage with Bollywood actor Karisma Kapoor. The children have sought share in their late father Sunjay Kapur’s estate and have disputed the authenticity of the will executed by Sunjay Kapur in favour of their stepmother Priya Sachdev Kapur.

The Court was specifically hearing the arguments on the interim injunction application filed by Karisma Kapoor’s children to restrain Priya Kapur from creating any third-party rights over their father Sunjay Kapur’s assets. 

Senior Advocate Mahesh Jethmalani appeared for Karisma Kapoor’s children and stated that the Court could pass an order restraining Priya Kapur from “misusing the forged will” to seek title of the properties located abroad. 

Sibal then said that there is no such prayer in the interim injunction application filed by Karisma Kapoor’s children and granting such a far-reaching prayer would effectively amount to an anti-suit injunction. 

“My friend [Jethmalani] can say he wants to press for that, but then we have to be heard on that in detail,” Sibal said. 

Jethamalani responded that he would not mind that and that the prayers in the interim injunction application cover properties located in a foreign jurisdiction. 

However, the Court said that there would be no more hearing on the interim injunction application.

“No no, we are done now. No more hearing now. The hearing is over,” Justice Jyoti Singh said. 

The Court then directed the parties to file their written statements in the matter and listed the case on December 22. 

In the main suit, the siblings have accused stepmother Priya Kapur (the third wife of Sunjay 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, from 2003 to 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.