'Will Mispells Son's Name, Contains Wrong Address': Late Sunjay Kapur's Children Tell Delhi High Court On Allegations Of Forgery
Actress Karisma Kapoor and Late industrialist Sunjay Kapoor's children told the Delhi High Court on Monday (October 13) that the purported Will of their late father was forged, as it misspelt his son's name and gave an incorrect address of his daughter in multiple places. Senior Advocate Mahesh Jethmalani pointed to the errors in the Will, and said that the same were uncharacteristic of...
Actress Karisma Kapoor and Late industrialist Sunjay Kapoor's children told the Delhi High Court on Monday (October 13) that the purported Will of their late father was forged, as it misspelt his son's name and gave an incorrect address of his daughter in multiple places.
Senior Advocate Mahesh Jethmalani pointed to the errors in the Will, and said that the same were uncharacteristic of their father, adding that the Will is so casual that it demeans him.
At the last hearing, the children told the high court that it was highly suspicious that a well educated man like their father the late Sunjay Kapur would not inform the executor of the purported will that she had been appointed as an executor. The submission was made by the plaintiffs–Samaira Kapur and her brother, seeking a share in their late father's personal assets.
The actress's children have filed the suit against Sunjay Kapur's wife Priya Kapur, her son, as well as the deceased's mother, Rani Kapur and Shradha Suri Marwah- purported executor of a Will dated March 21, 2025.
During the hearing senior advocate Mahesh Jethmalani appearing for the plaintiffs submitted before Justice Jyoti Singh that the Executor of the Will (defendant 4) was never informed that she has been appointed as an executor of this Rs. 30,000 crore empire.
"The executor here has been a passive party and accepted the form of execution by the Defendant no1.The address of his daughter here is mentioned wrongly. Sunjay Kapoor knows her address. This is an office address of Karishma Kapoor. these kind of bloopers are very uncharacteristic of Mr Kapoor. He had a very good relationship with his children. How can he have written his daughter's address wrong and misspelled his son's name in multiple places in the will," Jethmalani said.
He said that if the Will was being modified, then there were far more elementary things that needed to be modified.
"This Will demeans the late Sunjay Kapoor. It is so casual," he said.
He further said that the Will did not give details of various assets, including jewellery, crypto assets etc. Jethmalani further said that this was not a Will which Sunjay Kapoor had prepared, read or made.
"This can only be done by the beneficiary of the will, to prevent any challenges...Only one person was given the benefits. if this will is a forgery, then only one person could have forged it," he added.
Jethmalani submitted that the first Word file of the Will was prepared on 10-2-25 on one Nitin Sharma's device.
"It defies logic that Mr Kapur while on a holiday with his son, was modifying a will stored on Sharma's device. We don't know the contents of the document. This only reveals file without content. The probative value is zero. There is an apparent contradiction in their case. At the bottom of the file it is stated that 'this file came from another computer and might be blocked'. So the source is unclear. Something very secretive about this will," he said.
He said that the 'said Will' has no involvement of the deceased and the plaintiffs were not supplied with any documents either.
"He was in great health, his Indian property was secured by a very tight trust as opposed to this will. The circumstantial evidence is so completely contrary that it leads to assumption that the contents of the will are bad. I say this based on phone conversations between the deceased and his disinherited children," he added.
He submitted that the Will in question was modified on March 17 and it is not clear who had modified it. He said that the Will was executed on March 21, it was again modified on March 24.
However, Jethmalani submitted that there was a modification on March 24 and the defendants have not not explained it.
He said, "There was a WhatsApp group with Sunjay and Priya Kapur, and Dinesh Agarwal, where the Will was sent as a PDF file and its name was again changed twice. Two Wills were being simultaneously prepared of husband and wife. These were not mutual Will, so they have to be explained...they had also spoken about signed wills, and the message was acknowledged by Priya. Not Sunjay".
Jethmalani said, "if we see Dinesh's phone it can be seen that there is no group chat name or the phone numbers and then separately it can be checked that the “SK Will” was only seen, not read. This is an ominously uncertified document. It is surprising they moved from emails to WhatsApp chats. He certifies only the emails and not the WhatsApp chats".
He submitted that there was a significant omission with respect to the filing of an electronic evidence certificate.
Jethmalani further said that the WhatsApp documents were a fabrication. "This is a case where almost every circumstance which could be suspicious is present. No lawyer drafted the will. A layman witness was taken. The contents of the Will are so ridiculous," he said.
Jethmalani said that Sunjay's cremation defendant no 4 (Executor of the Will) visited his residence and condoled his demise.
"The original copy of the said will was handed over to D4 by D1 (Priya Kapur). The very possession of the will is a matter of contradiction. There was a race to give it to the executor on such a sacred occasion," he argued.
He further submitted that the plaintiffs had got a copy of the Will but they have not inspected the original yet. The court asked if there were any Wills made earlier, to this counsel said that they were not aware of the same.
The matter will be heard on Tuesday.
Case Title: MS. SAMAIRA KAPUR & ANR v. MRS. PRIYA KAPUR & ORS
CS(OS)-627/2025