A fresh layer of legal complexity has emerged in the continued inheritance dispute over the estimated Rs 30,000 crores estate of late industrialist Sunjay Kapur, with senior advocates questioning the validity of the Will produced by his third wife, Priya Kapur, on grounds of non-compliance with probate requirements and absence of executor consent.
Delhi HC examines validity of Sunjay Kapur will over absence of probate and executor motion; details inside
During proceedings on December 10, 2025, counsel representing Sunjay Kapur’s children, Samaira and Kiaan Kapur, argued before the Delhi High Court that the alleged Will suffers from structural and legal infirmities that transcend procedural lapses. On the centre of the challenge is the conduct of the named executor, Shradha Suri Marwah, who, based on the Will’s own clauses, was required to instantly assume custody of the estate’s assets and initiate probate proceedings following Kapur’s death.
Senior advocate Mahesh Jethmalani contended that neither step was taken. “Defendant no. 4 has acted in complete dereliction of the alleged Will,” he submitted, declaring that no probate has been sought and no assets were taken under the executor’s control, despite the document making probate a compulsory requirement. Clause 3 of the Will, he argued, leaves no discretion on the matter.
The difficulty was further complicated by a June 24, 2025 communication during which Suri reportedly wrote to Priya Kapur, asking her to initiate probate proceedings. In accordance with the youngsters’s counsel, this correspondence implicitly acknowledges that the legal obligation to hunt probate lay with the executor herself. They maintain that this contradiction undermines the document’s credibility and raises questions on whether the Will was ever intended to be acted upon as claimed.
Adding to the challenge is Suri’s earlier statement that she had no prior knowledge of being appointed executor until she allegedly received an email from Dinesh Agarwal, a witness to the purported Will. Jethmalani argued that under settled law, an executor can’t be appointed without consent or not less than prior consultation, calling the dearth of such consent a “serious red flag” within the Will’s execution and presentation.
Legal experts echoed these concerns. Bombay High Court lawyer Rahul R. Shelke said the inconsistencies strike at the foundation of enforceability. “If a Will mandates probate and custodial transfer and the executor ignores each, the court is entitled to query whether the Will existed in the style claimed. You can’t selectively depend on a Will—either it’s followed in full or its credibility collapses,” he noted.
Alongside questions over probate, the youngsters’s counsel also pressed the court to appoint an independent administrator to safeguard Sunjay Kapur’s overseas assets until the Will’s validity is conclusively determined. Jethmalani warned that without court oversight, foreign assets may very well be sold, refinanced or otherwise handled, potentially dragging the parties into multiple overseas legal battles.
“There needs to be a receiver or an administrator appointed for Sunjay’s assets. If this Will is used overseas, we may very well be forced to litigate in several jurisdictions,” he told the court, stressing that unlike domestic assets, foreign holdings will be moved or encumbered with little real-time supervision.
Sunjay Kapur’s international portfolio reportedly includes residential properties in Recent York and the UK, in addition to overseas-linked investments connected to Aureus Investments Pvt Ltd. In accordance with the youngsters’s side, ownership claims to those assets currently rest on the disputed Will.
Senior advocate Pratik Thadani observed that ambiguity becomes particularly dangerous when foreign assets are involved. “It’s neither smart nor equitable to depart control with a single beneficiary when a Will is under challenge and executor obligations remain unfulfilled. Appointing an independent administrator will not be about selecting sides but about protecting the estate until the court reaches a final view,” he said.
The priority, as outlined before the court, is that after transactions based on an unverified Will happen abroad, they might be difficult or unattainable to reverse, even when an Indian court later rejects the document. For Samaira and Kiaan Kapur, the demand for an administrator is positioned as a protective measure to preserve the estate and be certain that the ultimate adjudication will not be rendered meaningless by irreversible cross-border actions.
Because the Delhi High Court continues to scrutinise the alleged Will, the dispute now hinges not only on signatures and witnesses, but on whether the document was ever acted upon in the style the law requires.
Also Read: Priya Kapur’s ‘position swap’ defence faces major setback in Sunjay Kapur Will case: Court flags power grab, missing attachment and “suspicious suppression”
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