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Karishma Kapoor’s children raise questions on will, Delhi HC to hear tomorrow
Senior lawyer Mahesh Jethmalani said the will was a “work of art”, drafted without Sunjay’s involvement and should be cast into the dustbin of history
NEW DELHI: Karishma Kapoor’s children, Samaira and Kiaan, on Monday questioned the authenticity of late businessman Sunjay Kapur’s will in the Delhi high court, saying it was “fabricated” and riddled with “glaring blunders”.
Samaria (20) and Kiaan (15) are the children of Sunjay Kapur (53) and actor Karishma Kapoor – the couple divorced in 2016. Following their divorce, Sunjay married Priya Kapur and had a son, Azarius.
Sunjay Kapur, former chairperson of Sona Comstar, an automotive technology company, died of a heart attack while playing polo in London on June 12, leaving his company in a churn.
Urging a bench of justice Jyoti Singh to restrain Priya from creating third-party rights in Sunjay’s estate, the children represented by senior advocate Mahesh Jethmalani submitted that the will, which purportedly leaves Sunjay’s entire estate to Priya, was dubious, drafted under “suspicious circumstances” and prepared “casually” without involving Sunjay.
Jethmalani further pointed out that Azarius’s name was misspelt at multiple places in the will, while Samaira’s address was incorrect.
The will, he said, also lacked an attached schedule of assets, a mandatory annexure detailing the testator’s holdings, listed three bank accounts in one section and six in another, while omitting key properties including Kapur’s New York apartment, a 2010 family trust and holdings in jewellery, artwork and precious metal.
“The will (Sunjay’s will) is a work of art and has no involvement of Sunjay. This will ex facie should be cast into the dustbin of history. It contains glaring blunders. The address of his daughter here is mentioned wrongly. Sunjay Kapoor knows her address. This is the office address of Karishma Kapoor. These kinds of bloopers are very uncharacteristic of Mr Kapoor. He had a very good relationship with his children. How can he have written his daughter’s address wrong and misspelt his son’s name in multiple places in the will? It demeans Sunjay Kapur,” Jethmalani submitted.
The submission was made in the children’s suit demanding a 1/5th share in their father’s estate, after Priya Kapur presented a will at a July 30 family meeting. In their suit, the children had asserted that Priya, at no earlier point, in telephonic conversations or through messaging, disclosed the existence of the alleged will.
They further submitted that Priya, along with Nitin Sharma and Dinesh Agarwal, witnesses to the alleged will, conspired to create a forged will. Jethmalani pointed out that the will was stored on Nitin Sharma’s device and last modified on March 17, when Sunjay was on his way back to Delhi from Goa. He further submitted that Nitin, following Sunjay’s death, was also made a director in Aureus Investment Private Limited (APIL).
APIL is a promoter entity of Sona Comstar, which was chaired by Sunjay Kapur.
“It’s not a will shrouded with suspicious circumstances, but there was no lawyer to draft the will; it was attested by layman witnesses, one of whom was later obliged and rewarded. This is a will which Sunjay Kapur has not signed, prepared, or read. It has been stored and dispatched by two people. In sum and substance, there is no evidence that anyone prepared this will except Priya Sachdev Kapur, Nitin Sharma and Dinesh Agarwal (witnesses to the alleged will),” he submitted.
Previously, Jethmalani had accused Priya of acting like a greedy Cinderella stepmother and had asserted that she was in a tearing hurry to appropriate Sunjay’s assets following his death.
The matter would be heard on Tuesday, with Priya’s lawyer likely to commence the arguments.
