Delhi High Court Issues Notice On Priya Kapur's Plea To Use Sunjay Kapur's EPF Funds For School Fees Of Karisma Kapoor's Children

The Delhi High Court on Tuesday (May 26) issued notice on Priya Kapur's plea seeking clarification of certain paragraphs of a coordinate bench's April 30 interim order which had restrained her from dissipating her late husband industrialist Sunjay Kapur's assets. 

The application has been filed in a pending suit moved by actress Karisma Kapoor children— Samaira Kapur and her brother, seeking a share in their late father's personal assets.

The coordinate bench had observed that suspicious circumstances were raised by the plaintiffs and Rani Kapur, mother of Sunjay Kapur, in respect of the alleged Will and that the onus to remove the said circumstances lie on Priya Kapur, which is a matter of trial.

Priya Kapur has sought to suitably modify clause (b) and clause (d) of paragraph 79 of the coordinate bench order, so as to permit her to make withdrawals from the Employees' Provident Fund of  Sunjay Kapur, strictly to pay education expenses of Samaira Kapoor and her brother and to pay school fees. 

The application was earlier listed before the coordinate bench which, after going through the averments, said that while the application is styled as one seeking "clarification/modification" of judgment dated 30.04.2026, however the reliefs sought are in the "nature of seeking variation" in some of the directions issued in paragraph 79 of the judgment.

The coordinate bench had thus said, "Looking at the nature of the reliefs claimed in the application, list the same before the Roster Bench on 26.05.2026, subject to orders of Hon'ble Judge-in-Charge (Original Side)". 

When the application came up for hearing today, Justice Avneesh Jhingan issued notice to the respondents, while noting that that the issue of maintainability of the application before another court is kept open. The application is listed for hearing in July. 

The coordinate bench had in its interim order passed last month said that suspicious circumstances set up by the plaintiffs and Rani Kapur were under three heads: unnatural disposition, circumstances obtaining at the pre-execution and execution stage of the alleged Will and chain of custody of the original Will.

The Court had said on the question whether the estate of the deceased is required to be preserved till the pendency of the suit, the answer has to be in the affirmative.

The Court also observed that the genuineness of the Will is a matter of trial and in the meantime, Sunjay Kapur's assets should not be dissipated.

Observing that a prima facie case was made out in favour of the plaintiffs, the Court passed interim directions on preservation of assets of Sunjay Kapur.

The Court restrained Priya Kapur from alienating, transferring or changing the equity shareholdings in the three Indian companies, namely, AIPL, BRS Finance and Investment Company Private Limited and JTEKT India Limited.

Priya has also been restrained from withdrawing any money from Employees' Provident Fund, from alienating, selling, transferring or pledging personal effects of Sunjay, including watches, jewellery and artworks.

She has further been restrained from withdrawing or transferring money lying in the three bank accounts in the two Indian banks, namely, HDFC Bank and Kotak Mahindra Bank, save and except, to the extent of discharging liabilities towards the plaintiffs under the decree of divorce between Sunjay Kapur and Karisma Kapoor.

“Priya is restrained from withdrawing, transferring or in any manner encumbering the money in the foreign bank accounts, namely, JP Morgan Chase Bank and HSBC UK, as detailed in the List of Assets, without leave of the Court,” the Court said.

“Priya is restrained from selling and transferring and/or in any manner dealing with the cryptocurrency disclosed in the List of Assets, including moving it to another wallet,” it added.

However, the Court clarified that no injunction can be granted qua the immovable properties, which are part of Sunjay Kapur's estate, situated outside India. It said that it is left open to the plaintiffs and Rani Kapur to take recourse to appropriate remedies in this regard, in accordance with law.

It is the children's case that the purported will allegedly executed by their late father is not a legal and valid document, is forged and fabricated and in any event surrounded by suspicious circumstances.

The actress's children filed the suit against 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.

Case title: MS. SAMAIRA KAPUR & ANR. v/s MRS. PRIYA KAPUR & ORS.

I.A. 14682/2026 In CS(OS)-627/2025