Delhi High Court Restrains Priya Kapur From Dissipating Sunjay Kapur's Assets, Grants Interim Relief To Karisma Kapoor's Children

The Delhi High Court on Thursday restrained Priya Kapur, wife of late industrialist Sunjay Kapur, from dissipating the assets left behind by him, while granting interim relief to Bollywood actress Karisma Kapoor's children- Samaira Kapur and her brother in their suit seeking a share in their late father's personal assets.Justice Jyoti Singh 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. The Court 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 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.What transpired during the hearings?Senior Advocate Mahesh Jethmalani appearing for the plaintiff-siblings argued that the minors are Class 1 heirs and all along, they were told by Priya Kapur that there was no Will. However, in a meeting held on July 30, a purported Will was read, that too in haste.He disputed Priya Kapur's claim that she was also hearing about the Will for the first time at the meeting. Jethmalani submitted that the Will was not registered to the best of his client's knowledge. He said that late Sanjay Kapur was meticulous in layering every document in transferring properties to children.Jethmalani pointed to the errors in the Will, and said that the same were uncharacteristic of their father, adding that the Will is so casual that it demeans him.Appearing for Priya Kapur, senior advocate Rajiv Nayar submitted that the entire plaint of the plaintiffs is bereft of any cause of action and there is no challenge to the Will.He said that the plaintiffs cannot challenge their father's Will on the ground of use of incorrect spellings, address or writing testatrix instead of testator.Senior Advocate Akhil Sibal appearing for Priya Kapur's so , Azarius S. Kapur, told submitted that the entire case was based on “speculation and guess work.”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.Prayers sought in the suitThe suit seeks to restrain Kapur's second wife from acting and relying on...

Delhi High Court Restrains Priya Kapur From Dissipating Sunjay Kapur's Assets, Grants Interim Relief To Karisma Kapoor's Children

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Delhi High Court Restrains Priya Kapur From Dissipating Sunjay Kapur's Assets, Grants Interim Relief To Karisma Kapoor's Children

Nupur Thapliyal

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