Delhi High Court Questions Validity of Kapur Will, Orders Asset Preservation

Mumbai (Maharashtra)[India] May 1: The Delhi High Court stated that doubts and suspicions regarding the Will of the deceased businessman Sunjay Kapur need to be removed before the same can be accepted as his last Will, to be proved at trial, on Thursday.

In an interim order, Justice Jyoti Singh noted that the proponent of the Will, Ms. Priya Kapur, would have to answer all legitimate doubts raised by the contestants of the Will, the two children of Mr. Kapur from his first marriage to actress Ms. Karisma Kapoor, for the validity of the document to stand.
Justice Singh said, “Having heard and on examination of the material on record, I have the considered view that all legitimate suspicious circumstances raised by the plaintiffs will have to be completely removed by defendant number one (Ms. Priya Kapur) before the document is accepted as the last will.” 

The Court ordered that the bank accounts statements must be submitted and operation of foreign bank accounts as well as cryptocurrency investments related to the estate should be put on hold.
The Court held that the issue regarding the preservation of the estate must be decided in the affirmative and that trial proceedings would take a long time. Pending trial, the estate needs to be safeguarded. If the assets are not preserved and Ms. Priya Kapur is not successful in proving the Will to be valid, then the two children born from Mr. Kapur’s marriage to Ms. Karisma Kapoor, as well as his mother Ms. Rani Kapur, will lose their lawful shares, the Court stated.

According to senior advocate Mahesh Jethmalani who represented the children, there were ambiguities and concerns with respect to the words, non-registration and preparation of the document, that required scrutiny in view of Ms. Priya Kapur being both the proponent and sole legatee.
Sunjay Kapur’s mother also has challenged the Will in question. She claims to not be aware of its existence and questioned the disclosures of property.

This judgment came in the backdrop of the High Court having reserved an interim order after hearing arguments on various petitions filed by the two children of Mr. Kapur in this highly publicized property dispute, and the question of their father’s Will having allegedly been tampered with.
The controversy is centered on a civil suit instituted by Samaira Kapur and Kiaan Raj Kapur who are questioning the genuineness of a purported Will that bequeaths Sunjay Kapur’s personal estate worth nearly Rs 30,000 crore to Priya Kapur.