'Based On Speculation, Guess Work': Priya Kapur's Son Opposes Partition Suit By Karisma Kapoor's Children Before Delhi High Court

Son of Priya Kapur, wife of late industrialist Sunjay Kapur, on Friday opposed before the Delhi High Court the suit filed by Bollywood actress Karisma Kapoor's children- Samaira Kapur and her brother, seeking a share in their late father's personal assets.

Senior Advocate Akhil Sibal appearing for the minor, Azarius S. Kapur, told Justice Jyoti Singh that the entire case was based on “speculation and guess work.”

Sibal supplemented the arguments put forth by Senior Advocate Rajiv Nayar who appeared for the mother- Priya Kapur.

Taking the Court through the events, Sibal said that it is an admitted case that the plaintiffs knew about those who are witnesses to the Will and the fact that the actress' children were excluded from the same.

He said that after the meeting 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 only on August 22 when the first communication was made by the plaintiffs asking for copy of the Will.

“In between, the mother of plaintiffs readily communicates with defendant 1 (Priya Kapur) to get all the paperwork finished. She is asking for the documents, and defendant 1 is cooperating, and all of this is happening….. They don't get the copy of the Will as they refused to sign the confidentiality. They are excluded and they know the legal strategy is to challenge the Will, whether the Will is genuine or not,” Sibal said.

He added that the plaintiffs could have filed the suit saying that there is something suspicious about the Will which is why no copy was provided to them.

“But they knew they are excluded so they have to challenge it (Will) come what may,” he said.

The matter will now be heard on November 27.

Earlier, Priya Kapur had argued that the plaintiffs cannot challenge the Will on the ground of use of incorrect spellings, address or writing testatrix instead of testator. 

The actress's children have 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.

Background

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

The suit thus seeks to restrain Kapur's second wife from acting and relying on the purported Will to deny the rights of inheritance vested in Kapoor's children.

It further seeks a preliminary decree for partition in favour of the Plaintiffs to the effect that the they be given 1/5th share each in the assets of their late father.

The children also seek a decree of mandatory injunction directing the Defendants to render full and complete records and accounts in relation to the personal assets and effects of their father upto the date of his demise.

The suit also seeks to restrain the Defendants from alienating, transferring, selling or in any manner creating any third-party interests in any of the personal assets and effects of their father. The suit has been filed through Advocates Shantanu Agarwal & Manas Arora.

Case Title: MS. SAMAIRA KAPUR & ANR v. MRS. PRIYA KAPUR & ORS