The battle over the estate of the late industrialist Sunjay Kapur, estimated to be worth ₹30,000 crore, has taken a new turn with his children from his marriage to actress Karisma Kapoor, Samaira and Kiaan, approaching the Delhi High Court to claim their rightful share. The siblings have filed a civil suit alleging that their stepmother, Priya Kapur (Sunjay Kapur's third wife), has attempted to forge their father's will to gain complete control over his assets. The children, represented by their mother Karisma Kapoor as legal guardian, are seeking partition of the estate, rendition of accounts, and a permanent injunction against the defendants.

Key Allegations and Counterarguments

The plaintiffs have accused Priya Kapur of initially denying the existence of any will and asserting that all of Sunjay Kapur's assets were held under the R.K. Family Trust. However, they claim she later presented a document dated March 21, 2025, which she described as a will, prompting suspicions of forgery and manipulation. The children contend they do not have complete information about their father's assets at the time of his death. They have attached a schedule of known properties but accuse Priya Kapur of concealing details and failing to disclose the full extent of assets. The plaintiffs argue that until their father's sudden demise on June 12, 2025, while playing polo in Windsor, UK, they shared a close relationship with him, including frequent travels, holidays, and regular involvement in his business and personal milestones.

Priya Kapur's legal team has countered these allegations, stating that Karisma Kapoor's children have already received assets worth ₹1,900 crore from the family trust. Her lawyer argued, "₹1,900 crore worth of assets were transferred to the children. I don't know how much money is enough". They have also submitted WhatsApp messages and emails from Sunjay Kapur confirming that his will had been duly signed and executed. Priya's representatives argue that Karisma Kapoor and her children have no claim to Sunjay Kapur's personal assets under the will.

Validity of a Will: Key Legal Considerations

The central question in this case revolves around the validity of Sunjay Kapur's will. Several factors determine whether a will is legally sound:

• Free Will: The will must be made voluntarily and without any coercion, undue influence, or fraud. Sunjay Kapur's mother, Rani Kapur, claimed she was forcefully made to sign some papers while grieving her son's death, raising concerns about potential coercion.
• Sound Mind: The testator (the person making the will) must be of sound mind at the time of signing the document, meaning they understand the nature of the act, the extent of their property, and the beneficiaries of the will.
• Attestation: Indian law requires that a will be attested by two or more witnesses, who must have seen the testator sign or affix their mark to the will, or have received personal acknowledgment of the signature from the testator.
• Registration: While not mandatory, registration of a will with the Sub-Registrar of Assurances provides additional authenticity. The absence of registration is a key point of contention in this case. Priya Kapur's counsel has argued that an unregistered will does not necessarily invalidate it.
• Clarity and Certainty: The terms of the will must be clear, unambiguous, and certain to be enforceable.

Why Karisma Kapoor's Children Are in Court

Despite the argument that Karisma Kapoor's children have already received a substantial amount from the family trust, they are pursuing this legal battle for several reasons:

• Rightful Share: As Class I legal heirs under Indian succession laws, Samaira and Kiaan believe they are entitled to their respective shares in their father's estate. They are seeking a 1/5th share each of all movable and immovable properties.
• Suspicion of Forgery: The children allege that the will presented by Priya Kapur is forged and fabricated, aiming to exclude them from their inheritance. They point to the delayed emergence of the will and the circumstances surrounding its execution as suspicious.
• Personal Assets vs. Trust Assets: Legal experts point out that trust assets and personal assets are treated separately under Indian law. Even if the children received assets from the trust, it does not preclude them from claiming a share in Sunjay Kapur's personal estate.
• Lack of Information: The plaintiffs claim they lack complete information about their father's assets at the time of his death, raising concerns about potential concealment by Priya Kapur.

The Court's Stance and Way Forward

The Delhi High Court has taken cognizance of the plaint filed by Karisma Kapoor's children and has issued a notice to Priya Kapur, directing her to file a detailed reply and a complete list of all movable and immovable assets as of June 12, 2025. The court will examine the authenticity and validity of the will, considering the arguments and evidence presented by both sides. The court will also consider whether the ₹1,900 crore transfer through the trust has any bearing on the heirs' claims over Sunjay Kapur's personal estate. The matter has been listed for further hearing on October 9.