Delhi High Court Points Out Key Flaws in Priya Sachdev’s Defense in Sunjay Kapur Will Case
The ongoing legal battle over the inheritance of the late industrialist Sunjay Kapur intensified in the Delhi High Court on Thursday. The court scrutinized the validity of a Will presented by his widow, Priya Kapur, raising significant doubts about its authenticity. Concerns were voiced regarding inconsistencies, drafting errors, and a lack of evidence linking Sunjay to the document, prompting a deeper examination of the circumstances surrounding the Will’s creation.
Concerns Over Will’s Credibility
During the proceedings, senior advocate Rajiv Nayar, representing Priya Kapur, defended the Will against the court’s skepticism. The bench highlighted several inconsistencies, including the use of the term “testatrix” to refer to Sunjay, misspellings of names, and incorrect pronouns. Nayar explained that these errors stemmed from a “template” based on the Will of Sunjay’s mother, Rani Kapur. However, the judges questioned why a wealthy individual like Sunjay would use an outdated template without correcting fundamental details about his life and family. The court also noted significant omissions in the Will, such as the absence of an inventory of Sunjay’s major assets and the exclusion of his first two children, Samaira and Kiaan, from the list of beneficiaries, which only included Priya and her children, Safira and Azarius. Senior advocate Mahesh Jethmalani argued that this selective inclusion suggested the Will was crafted to favor one party.
Misspellings and Procedural Gaps
The court’s scrutiny extended to the misspelling of Azarius’s name as “Azarias,” which Nayar attributed to Rani’s Will. This justification raised eyebrows, with critics questioning why parents would rely on a grandparent’s document to spell their child’s name correctly. Sunjay’s sister, Mandhira Kapur, publicly expressed her disbelief, stating that her brother was meticulous and would not have made such a mistake. Additionally, the court pointed out the lack of notarization for Sunjay’s Will, contrasting it with Rani Kapur’s notarized document. Nayar claimed that Nitin Sharma drafted the Will, but his name was absent from both Priya’s Written Statement and Nitin’s affidavit, further casting doubt on the Will’s authenticity.
Absence of Evidence Linking Sunjay to the Will
The court emphasized the absence of any documents proving that Sunjay had reviewed or approved the Will. There were no emails, messages, or annotations linking him to the drafting process. While Sunjay’s name appeared in the notary register for previous documents, indicating familiarity with formal procedures, no such steps were taken for this Will. The judges clarified that a WhatsApp screenshot could not serve as valid proof of affirmation. The defense attempted to reference the Sanjay Kalra judgment, but the court noted that this case was resolved after a full trial, unlike the current interim proceedings, and is presently under review by the Supreme Court.
Forensic Analysis Raises Further Doubts
The plaintiffs introduced forensic analysis suggesting that the Will was created on a device not associated with Sunjay. Nayar’s explanation that the document was saved by employee Nitin Sharma did not adequately address the lack of a digital trail connecting Sunjay to the Will. As the case returns to court on Friday, Priya Kapur’s legal team faces mounting pressure to resolve not only typographical issues but also the more significant question of whether the Will was genuinely created or approved by Sunjay Kapur. The outcome of this case could have profound implications for the distribution of Sunjay’s estate.
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