New Delhi: In a high-stakes inheritance battle over the estate of late industrialist Sunjay Kapur, the Delhi High Court has cast serious doubt on the authenticity of a contested will, placing the burden squarely on Priya Kapur to establish its genuineness.
The observations come in an ongoing legal dispute involving Kapur’s children with actor Karisma Kapoor, who have challenged the will and sought protection of their inheritance rights.
Court Flags ‘Suspicious Circumstances’
In its detailed judgment, accessed exclusively by Republic, the High Court laid down strong legal principles governing disputed wills, noting that the presence of suspicious circumstances significantly raises the burden of proof.
“Where suspicious circumstances attend the execution of the Will, the burden on the propounder becomes substantially heavier,” the court said.
The Bench emphasised that merely proving signatures or attestation is not enough. “The propounder must dispel all legitimate suspicions by clear, cogent and satisfactory evidence,” it said.
Among the red flags identified are:
- Unnatural disposition: Exclusion of legal heirs flagged as a recognised suspicious circumstance
- Custody concerns: Will allegedly emerging from the sole beneficiary
- Unregistered document: Adding to doubts over authenticity
“Unnatural and unfair disposition, particularly exclusion of legal heirs, is a recognised suspicious circumstance,” the court noted.
No Proof, No Presence, No Digital Trail
The court also pointed to gaps in evidence regarding the execution of the will.
“No material is placed on record to show the presence of Sunjay and Priya at Gurgaon on the date of execution.”
It further found discrepancies in signatures. “Signatures on the will do not match with the admitted signatures, even on bare perusal,” the court said.
In a key modern evidentiary angle, the court highlighted the absence of any credible digital footprint.
“There is no digital footprint of Sunjay… the digital trail does not reflect any input from Sunjay,” it said.
Dismissing reliance on messaging indicators, it added, “Reliance on ‘blue ticks’ is of no consequence.”
‘Judicial Conscience’ Test & Forgery Concerns
Taking a serious view of the overall circumstances, the court said the standard to be applied is that of “judicial conscience”, requiring full satisfaction that the will reflects the free and voluntary act of the testator.
“The court must be satisfied that the will represents the free and voluntary act of the testator,” it said.
It cautioned that suspicion must be real and grounded, not speculative, but added that in this case, concerns appear substantive. “The circumstances indicate collusion in preparation of the document and forgery of signatures.”
The High Court has made it clear that the authenticity of the Will will ultimately be decided at trial, but until then, the burden lies firmly on Priya to clear all doubts.
Rs 30,000-Crore Estate Under Dispute
The case centres on Kapur’s vast estate, estimated at around Rs 30,000 crore, which became the subject of litigation after his death in 2025. His children, Samaira and Kiaan, have alleged that the will propounded by Priya is fabricated and unfairly excludes them.
Granting interim relief, the High Court recently ordered that the estate be preserved and restrained Priya from selling, transferring or creating third-party rights over the assets until doubts surrounding the will are resolved at trial.
The court also froze key financial accounts and assets to maintain status quo, underscoring the need to protect the estate while litigation continues.
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