'Sunjay Kapur's Will Uses Female Pronouns To Describe Him, Couldn't Have Been Signed By Him': Karisma Kapoor's Children Tell Delhi High Court

Actress Karisma Kapoor's children told the Delhi High Court on Tuesday (October 14) that in certain crucial places in the purported Will of their late father industrialist Sunjay Kapur the feminine form of testator is used, and given the "wisdom" of the deceased it was not possible that the Will was signed by their father.

Justice Jyoti Singh was hearing the plaintiffs–Samaira Kapur and her brother's lawsuit 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.

Appearing for the plaintiffs senior advocate Mahesh Jethmalani pointed to the text of the Will which states, "'Signed and declared by Sunjay Kapur the testatrix above named as and for her last will'". 

He then argued:

"The female form of testator is used...testator is now a she! This is an absurdity...It shows the audacity which people have to present something like this in court…there is no explanation for this clause, there can't be. Unless Sunjay was of unsound mind incapable of reading English, could never have signed this...In short Sunjay Kapur has signed this Will as a woman. It is replete with feminine pronoun…It says 'her last will', 'her presence'...

He said that it was not as if these words were used in one place. 

"The feminine pronoun is used to describe himself in the most crucial part of the Will, i.e., the declaration, 5 times. Testatrix could have been a mistake because it is a term of law. But when you get 'she' and 'her' at 4 different places, it is incredulous that Sunjay Kapur with all his wisdom, all his education and meticulousness with drafting documents...and anybody who credits him with a Will like this is doing the greatest disservice to him," he added. 

He also submitted that the pleadings of the defendants was conspicuously silent on who has prepared the Will. 

Jethmalani said that there was no physical proof that the deceased had drafted Will. However the digital footprint was sought to be shown as the basis for the authenticity of the Will, when the necessary certifications were not provided. 

"What we have is Sunjay Kapur a meticulous person has only an alleged digital footprint, that also in the entire conspectus he is a digital ghost. He does not appear physically. There is no handwriting, no evidence of photographs. There is only some oral evidence which is circumspect. The witnesses have not filed a detailed affidavit yet. Nobody knows what was the time and exact location," he added.  

On the preparation of the Will Jethmalani said that there was not a word from Defendant 1 (D1) Priya Kapur and two witnesses to the Will as to who prepared the Will. 

Jethmalani thus said there are various suspicious circumstances about circulation of the Will. 

"Contradiction and infirmity at every stage of the Will. If Sunjay really intended to bequeath all personal assets under the Will solely to his wife...what would a man like that do? He would first register the Will. But no registration is done here. Why didn't he do it? Registration would have severely reduced scope of contestation…why wouldn't he do it?"

From the beneficiaries point of view he said, "D1 is getting a sizeable amount of money. Wouldn't it be in her interest to register the Will? Why complete reluctance in not  getting Will registered?...If you forge a Will without knowing what the other side has in its possession you are embarking upon an extremely dangerous task. Some of the dates they have chosen are silly and can be exploded by whats really going on from the correspondence between the father, children and the mother. This is a case of why not to forge a Will when you are not in possession of all the circumstances. This is a serious offence. If forgery is proved, she (D1) looses all her wealth". 

On Monday the plaintiffs had argued 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. Pointing to errors in the Will, it was stated that the same were uncharacteristic of their father, adding that the Will is so casual that it demeans him.

The matter is now listed on Wednesday. 

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

CS(OS)-627/2025