The Delhi Excessive Court docket on Thursday restrained Priya Kapur, spouse of late industrialist Sunjay Kapur, from dissipating the belongings left behind by him, whereas granting interim aid to Bollywood actress Karisma Kapoor’s children- Samaira Kapur and her brother of their swimsuit looking for a share of their late father’s private belongings.
Justice Jyoti Singh observed that suspicious circumstances have been raised by the plaintiffs and Rani Kapur, mom of Sunjay Kapur, in respect of the alleged Will and that the onus to take away the stated circumstances lie on Priya Kapur, which is a matter of trial.
The Court docket stated on the query whether or not the property of the deceased is required to be preserved until the pendency of the swimsuit, the reply must be within the affirmative.
The Court docket additionally noticed that the genuineness of the Will is a matter of trial and within the meantime, Sunjay Kapur’s belongings shouldn’t be dissipated.
Observing {that a} prima facie case was made out in favour of the plaintiffs, the Court docket handed interim instructions on preservation of belongings of Sunjay Kapur.
Justice Singh stated that the fairness shareholdings within the three Indian firms of Sunjay Kapue can’t be modified, whereas additionally restraining disposal of his private results, together with art work.
“I’ve restrained from alienating, transferring, pledging, liquidating or in some other method altering the fairness shareholdings within the three Indian firms. I’ve restrained from withdrawing the PF quantity. I’ve restrained from withdrawing monies from the three accounts besides to the extent of discharging liabilities in the direction of the youngsters,” the Court docket stated.
It clarified that it has not handed the order with respect to immovable international belongings.
An in depth order is awaited.
It’s the youngsters’s case that the purported will allegedly executed by their late father isn’t a authorized and legitimate doc, is solid and fabricated and in any occasion surrounded by suspicious circumstances.
The actress’s youngsters filed the swimsuit in opposition to Priya Kapur, her son, in addition to the deceased’s mom Rani Kapur and Shradha Suri Marwah- purported executor of a Will dated March 21, 2025.
What transpired through the hearings?
Senior Advocate Mahesh Jethmalani showing for the plaintiff-siblings argued that the minors are Class 1 heirs and all alongside, they have been instructed by Priya Kapur that there was no Will. Nevertheless, in a gathering held on July 30, a purported Will was learn, that too in haste.
He disputed Priya Kapur’s declare that she was additionally listening to in regards to the Will for the primary time on the assembly. Jethmalani submitted that the Will was not registered to one of the best of his consumer’s information. He stated that late Sanjay Kapur was meticulous in layering each doc in transferring properties to youngsters.
Jethmalani pointed to the errors within the Will, and stated that the identical have been uncharacteristic of their father, including that the Will is so informal that it demeans him.
Showing for Priya Kapur, senior advocate Rajiv Nayar submitted that your complete plaint of the plaintiffs is bereft of any reason behind motion and there’s no problem to the Will.
He stated that the plaintiffs can not problem their father’s Will on the bottom of use of incorrect spellings, deal with or writing testatrix as a substitute of testator.
Senior Advocate Akhil Sibal showing for Priya Kapur’s so , Azarius S. Kapur, instructed submitted that your complete case was primarily based on “hypothesis and guess work.”
Sibal stated that it’s an admitted case that the plaintiffs knew about those that are witnesses to the Will and the truth that the actress’ youngsters have been excluded from the identical.
He stated that after the assembly of July 30, there was not even a single communication from the plaintiffs asking for any clarification on the Will. He added that it was solely on August 22 when the primary communication was made by the plaintiffs asking for copy of the Will.
Prayers sought within the swimsuit
The swimsuit seeks to restrain Kapur’s second spouse from appearing and counting on the purported Will to disclaim the rights of inheritance vested in Kapoor’s youngsters.
It additional seeks a preliminary decree for partition in favour of the Plaintiffs to the impact that the they be given 1/fifth share every within the belongings of their late father.
The youngsters additionally search a decree of necessary injunction directing the Defendants to render full and full data and accounts in relation to the non-public belongings and results of their father upto the date of his demise.
The swimsuit additionally seeks to restrain the Defendants from alienating, transferring, promoting or in any method creating any third-party pursuits in any of the non-public belongings and results of their father.
Case Title: MS. SAMAIRA KAPUR & ANR v. MRS. PRIYA KAPUR & ORS
