Karisma Kapoor's Children Question Veracity Of Father Sunjay Kapur's Will Before Delhi High Court, Claim It Is Forged

Update: 2025-10-09 13:09 GMT
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Karisma Kapoor's children told the Delhi High Court on Thursday (October 9) 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.This, the plaintiffs said, is an unnatural conduct by their late father, adding that the Will is a forged document indicating...

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Karisma Kapoor's children told the Delhi High Court on Thursday (October 9) 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.

This, the plaintiffs said, is an unnatural conduct by their late father, adding that the Will is a forged document indicating "clumsy forgery". 

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 today senior advocate Mahesh Jethmalani appearing before Justice Jyoti Singh said that his client was seeking a status quo with respect to creation of third party rights vis-a-vis the assets in the Will. 

He said that the deceased was a highly successful businessman who used to "pride himself on his diction and vocabulary and articulation" and had addressed important forums like Harvard Business School. He said:

"A man of that nature it is highly unlikely that if he was to appoint an executor (Defendant 4) of a Will whom he knows very well…He knows D4, as she is one of the trustees in the line of trustees..she is very much associated with trust affairs and I daresay a good friend of the late Sunjay Kapur. However before executing the will he has not informed his good friend whom he has appointed as Executor that he is doing so and he has not sought her permission. It is a natural course of conduct for a man who is so educated, accomplished that when he is executing a will he will certainly ask the executor who is going to collect the assets and distribute them as per the tenor of the Will that 'I'm going to do this do I have your permission?'. But no such thing is done. This is an unnatural conduct and a suspicious circumstance". 

"From the first day the manner in which the will was disclosed and the several circumstances and qualifications made for disclosure are suspicious," he added. 

He further said, "When I read the Will it is such a clumsy forgery that I dare say that no lawyer worth his soul would take credit for the creation of that will…it is impossible that Sunjay Kapur bequeathing such a large estate in particular would not have consulted a lawyer and got the will drafted by him...this question is not answered, who drafted it? It is not a lawyer". 

On the court's query Jethmalani said that the Will is a typed document. Referring to a judgment Jethmalani said that the personality, habits of the testator is relevant to the present case and that the plaintiffs were not given any reasons as to why Executor was not asked first and no lawyer was consulted. 

He further submitted than an Executor of a Will is not just there to make an inquiry from the propounder of will and the executor's job is to collect the assets and have a probate. 

On who prepared the Will, he said, "It is a Microsoft Word file called Sunjay Kapur's Will...Will was last modified on March 17. Between 15-18 March Sunjay was on holiday with his son (plaintiff 2). He cut short his holiday came back on 17th because his mother fell ill, and this Will is modified on March 17. But by whom? Not by Sunjay".

He said that this word file was stored on someone else's device "who had modified it on March 17 unilaterally" and this person was later "ominously" made a director in a company after Priya became Managing Director in June. 

"Sunjay's digital footprint are nowhere there, digital footprints are there of the conspirators to a crime. This is a serious crime which is forgery of a will, a most serious offence," he added. 

The court at this stage asked if the witnesses to the Will had filed affidavits to which Jethmalani said that they had not. 

On the conduct of Priya Kapur (Defendant 1) he said, "Conduct of D1 in particular disentitles her to even be possessed of these assets...I have sought status quo on the onward movement of the assets, those which she has appropriated to herself under the guise of not a legatee but as a nominee. She is a nominee of both D-mat and Bank account. But she holds as such as nominee these assets...this is a manifestly fall document. And how far do the parties to the forgery go has to be unravelled it will require investigation. But this is a wide-spread conspiracy". 

He said that first time the Will surfaced was on April 22. He said that in August 22 plaintiffs' mother Karisma Kapoor as guardian had written to the executor of the will (D4) referring to a meeting held on July 30, in the presence of Priya Kapur, the executor and others. 

He said that the letter states that during the course of the meeting Karisma Kapoor was informed for the first time of the existence of a Will purportedly signed by the deceased on March 21. He said that as per the letter, Kapoor said that the Executor had further informed that the existence of such will had been informed to the executor one day prior to the meeting by the witnesses for such will i.e. July 29. 

Counsel for the executor said that this was denied in her written statement, adding that the Will has not even been challenged in the plaint.

Jethmalani said that executor's response to Kapoor's email had said that as per the reading of the Will neither her nor the plaintiffs are beneficiaries under the will, and as the will is a confidential document a copy cannot be provided; however Kapoor could inspect the same after signing an NDA prior to inspection. 

He said that the executor has denied the response in the pleadings to the suit, but in pre-suit correspondence the averments made by Kapoor is not denied.

He said that this denial in the pleadings is an afterthought and belated.

Last month, Priya Kapur and Karisma Kapoor's children told the high court that neither they nor their counsel would make any statement in the press or leak any information regarding the case. The deceased's assets have also been placed under a sealed cover.

The matter is now listed on October 13. 

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

CS(OS)-627/2025 

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