Delhi High Court Asks Priya Kapur To Disclose All Assets Of Sunjay Kapur In Plea By Karisma Kapoor's Children For Share In Father's Estate

The Delhi High Court on Wednesday (September 10) directed late Sanjay Kapur's wife Priya Kapur to disclose all his assets in a suit filed by Bollywood actress Karisma Kapoor's children seeking share in the personal assets of their late father. 

Sunjay Kapur passed away on June 12.

Issuing notice on the plea for interim relief, Justice Jyoti Singh while dictating the order said:

"Let plaint be registered as suit. Summons. Written statements within two weeks. In Order 39 Rule 1, notice. Replies within three weeks. Rejoinder a week thereafter. Defendants 1 will file list of all assets (of the deceased), immovable or movable, known to said defendant as on June 12, 2025. List after three weeks for consideration of ad-interim injunction at 2:30 PM". 

The matter is next listed on October 9. 

The suit has been filed by Samaira Kapur and Kiaan Raj Kapur against their father's second wife Priya Kapur and their son as well as the deceased's mother Rani Kapur and Shradha Suri Marwah- purported executor of a Will dated March 21, 2025. 

Defendant first said there is no Will

Senior Advocate Mahesh Jethmalani appearing for the plaintiff-siblings argued that the minors are Class 1 heirs and all along, they were told by Priya Kapur that there was no Will. However, in a meeting held on July 30, a purported Will was read, that too in haste.

The counsel further disputed Priya Kapur's claim that she was also hearing about the Will for the first time at the meeting. "This doesn't conform with common sense because Dinesh Aggarwal is her employee. And he is also person who on June 18 as Director, six days after deceased passed away and one day before funeral...she is made Managing Director of a company which controls substantial holdings in the Trust". 

Will not registered, plaintiffs suspiciously excluded

Jethmalani submitted that the Will was not registered to the best of his client's knowledge. He said that late Sanjay Kapur was meticulous in layering every document in transferring properties to children.

"They can correct me if I am wrong, the Will is not registered. The most suspicious circumstance is that the children are totally excluded. We are not beneficiaries at all," he argued. 

The court at this stage said, "It is a suit. I will register it. Let them file a reply". The high court further asked senior advocate Rajiv Nayar–appearing for Kapur's second wife, Priya Kapur–whether the Will is registered or not.

Nayar said that the Will "is not registered" and there was a Supreme Court judgment which says that Will registration is not necessary.

Rs. 1900 crores worth of assets were transmitted to plaintiffs

Nayar, "So much of crying, six days before the Will, the plaintiffs received Rs. 1,900 crores under the Trust worth of assets. I don't know how much is enough".  

Nayar meanwhile said that Sanjay Kapur had also created a Trust.

He said that five days before the plaintiff siblings filed the suit before the high court, "1,900 crores worth of assets have been transmitted to the children under Trust documents".

At this stage the court said, "you will be well advised to file reply. Subject to what you have to say, what I propose to do is I will register this plaint. I will ask you to file reply. In addition, I will also ask you to bring Will in a sealed cover on the next day". 

The court further said to the Executor's Counsel:

"We will constitute a confidentiality club and you suggest your members, they will suggest theirs. The Will will be then looked into because they might have to take some steps we don't know". 

Meanwhile senior advocate Vaibhav Gaggar for deceased's mother Rani Kapur said, "Today I have nothing. 10K crores worth of assets which otherwise are mine, I have seven grandchildren, I am the person who is got to make sure everyone gets it...What is this Will? I am the settler. Rani Kapur Trust. There needs to be a status quo on the assets".

The high court said that it is listing the matter after two weeks for hearing on interim relief. "In case something needs to be done or stay, I will do then," it added. 

Meanwhile Senior advocate Akhil Sibal appearing for Priya Kapur's minor son submitted that the plaintiffs' argument about suspicious circumstances is speculative shot in the dark because the plaintiffs have said that they have not seen the will. He said that nothing was amiss in the case. He said that the will was created in February on Word document and executed on March 21 in the presence of witness, adding that it is an "original signed will". 

Background

It is the Plaintiffs' case that the purported will allegedly executed by their father is not a legal and valid document, is forged and fabricated and in any event surrounded by suspicious circumstances.

The suit thus seeks to restrain Kapur's second wife from acting and relying on the purported Will to deny the rights of inheritance vested in Kapoor's children.

It further seeks a preliminary decree for partition in favour of the Plaintiffs to the effect that the they be given 1/5th share each in the assets of their late father.

The children also seek a decree of mandatory injunction directing the Defendants to render full and complete records and accounts in relation to the personal assets and effects of their father upto the date of his demise.

The suit also seeks to restrain the Defendants from alienating, transferring, selling or in any manner creating any third-party interests in any of the personal assets and effects of their father. The suit has been filed through Advocates Shantanu Agarwal & Manas Arora.

Case Title: MS. SAMAIRA KAPUR & ANR v. MRS. PRIYA KAPUR & ORS 

CS(OS)-627/2025