Delhi HC Reviews Sunjay Kapur’s Will Amid Probate and Executor Questions
A complex legal battle is unfolding over the substantial estate of the late industrialist Sunjay Kapur, estimated at around Rs 30,000 crores. The dispute centers on the validity of a Will presented by his third wife, Priya Kapur, which is being challenged by Kapur’s children, Samaira and Kiaan. Their legal team argues that the Will fails to meet essential probate requirements and lacks the necessary executor consent, raising significant questions about its legitimacy.
Legal Challenges to the Will
During a hearing on December 10, 2025, the Delhi High Court was presented with arguments from the counsel representing Samaira and Kiaan Kapur. They contended that the Will, allegedly drafted by Sunjay Kapur, contains serious legal flaws that extend beyond mere procedural issues. A key point of contention is the role of the named executor, Shradha Suri Marwah. According to the Will’s stipulations, she was required to take immediate control of the estate’s assets and initiate probate proceedings following Kapur’s death. However, the children’s counsel, led by senior advocate Mahesh Jethmalani, asserted that these actions were never undertaken, which they argue constitutes a significant breach of the Will’s terms.
Jethmalani emphasized that the absence of any probate application or asset control by the executor raises doubts about the Will’s enforceability. He pointed out that Clause 3 of the Will explicitly mandates these steps, leaving no room for discretion. The situation is further complicated by a communication from Suri to Priya Kapur, dated June 24, 2025, in which she urged Priya to initiate probate proceedings. This correspondence suggests that Suri acknowledged her legal obligation to seek probate, thereby undermining the credibility of the Will.
Executor’s Role and Consent Issues
The legal complexities surrounding the executor’s role have intensified the scrutiny of the Will. Suri has claimed that she was unaware of her appointment as executor until she received an email from Dinesh Agarwal, a witness to the Will. Jethmalani argued that under established legal principles, an executor must provide consent or at least be consulted prior to their appointment. He described the lack of such consent as a “serious red flag,” which calls into question the legitimacy of the Will’s execution.
Legal experts have echoed these sentiments, highlighting that the inconsistencies in the Will could jeopardize its enforceability. Bombay High Court lawyer Rahul R. Shelke noted that if a Will requires probate and custodial transfer, and the executor neglects both, the court has grounds to question the Will’s existence as claimed. He emphasized that the integrity of the document hinges on full compliance with its stipulations.
Concerns Over Foreign Assets
In addition to the probate issues, the children’s counsel has urged the court to appoint an independent administrator to manage Sunjay Kapur’s overseas assets until the Will’s validity is established. Jethmalani warned that without judicial oversight, there is a risk that foreign assets could be sold or otherwise compromised, potentially leading to complex legal disputes in multiple jurisdictions.
Sunjay Kapur’s international holdings reportedly include residential properties in New York and the United Kingdom, along with investments linked to Aureus Investments Pvt Ltd. The children argue that claims to these assets currently rely on the disputed Will. Senior advocate Pratik Thadani highlighted the dangers of allowing a single beneficiary to control these assets while the Will is under challenge. He asserted that appointing an independent administrator is a necessary precaution to protect the estate until a final legal determination is made.
Implications of the Ongoing Dispute
As the Delhi High Court continues to examine the alleged Will, the outcome of this case could have significant implications for all parties involved. The dispute not only revolves around the validity of signatures and witnesses but also questions whether the Will was executed in accordance with legal requirements. For Samaira and Kiaan Kapur, the push for an independent administrator is a crucial step to safeguard their father’s estate and ensure that any potential transactions based on the disputed Will do not lead to irreversible consequences.
The court’s decision will ultimately determine the future of Sunjay Kapur’s substantial estate and clarify the legal standing of the Will that has become the focal point of this contentious inheritance battle.
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