Priya Kapur’s ‘position swap’ defence faces major setback

Court Delivers Major Blow to Priya Kapur’s Defense in Sunjay Kapur Will Dispute

The legal battle over the estate of the late industrialist Sunjay Kapur has taken a dramatic turn. The Delhi High Court has raised serious questions about the credibility of a key defense presented by his former wife, Priya Kapur. This case, already under intense public scrutiny due to its connection to Sunjay Kapur’s children with actress Karisma Kapoor, now faces new allegations of a corporate power grab and suspicious document handling.

Corporate “Position Swap” Claim Dismantled in Court

For months, Priya Kapur has maintained that her 2023 exit from Automotive India Pvt Ltd (AIPL) was a planned and consensual “position swap” with Sunjay Kapur. She has portrayed it as part of a smooth corporate restructuring within a stable blended family. However, this narrative was directly challenged in recent hearings.

Senior advocate Mahesh Jethmalani, representing Sunjay’s children Samaira and Kiaan Kapoor, presented a starkly different version. He argued that Priya Kapur’s removal from AIPL on May 31, 2023, was not a swap but a direct result of marital discord. Crucially, Jethmalani pointed to corporate filings that show Priya Kapur never assumed the Managing Director role at Raghuvanshi Investment Pvt Ltd (RIPL), the position she claimed was part of the exchange.

This absence of a parallel appointment severely undermines her defense. The court was told she held no role in RIPL at all. This contradiction challenges her repeated assertions of cordial family relations and a seamless business transition, which are central to her legal position regarding the Will.

Allegations of Post-Death Opportunism and Control

The timeline of events following Sunjay Kapur’s death in June 2023 has come under sharp legal scrutiny. Records presented to the court reveal that Priya Kapur was appointed as a director of AIPL just one day after his passing. Within a week, she had reinstated herself as the company’s Managing Director.

Jethmalani argued this rapid corporate maneuvering does not indicate continuity of a pre-arranged plan. Instead, he framed it as opportunism. “She was not in control when Sunjay was alive. She sought control only after his passing,” he contended. The plaintiffs argue this corporate power shift aligns too conveniently with the sudden emergence of a contested Will. This document is the key to determining the inheritance rights of all of Sunjay Kapur’s heirs, including his children with Karisma Kapoor.

Executor’s Conduct and a “Suspicious” Missing Document

Further complications have arisen from the conduct of the Will’s named executor, Shradha Suri Marwah. According to court submissions, Marwah has neither applied for legal probate of the Will nor taken charge of Sunjay Kapur’s assets as an executor is required to do. Jethmalani argued that an executor cannot selectively choose which parts of a Will to enforce.

An even more serious allegation concerns the Will document itself. The court was told that Shradha Suri Marwah claimed to have “deleted” a crucial email attachment containing the alleged Will, even though the email itself was produced in court. Jethmalani highlighted this as an “impossible explanation,” noting that one cannot delete an attachment without deleting the entire email. He pointed to the suspicious disappearance of a supporting document that appeared in an earlier email chain but was absent from the final version presented.

A High-Stakes Battle for Legacy and Inheritance

With the matter set for further hearing on December 22, the court’s focus is now firmly on these inconsistencies. The issues of Priya Kapur’s true corporate role, her actions after Sunjay’s death, and the handling of the Will document lie at the heart of the dispute.

The outcome carries enormous implications. It will determine the future of Sunjay Kapur’s reported Rs 30,000-crore estate, the legacy of the businesses he built, and the financial security of his children from both marriages. The court’s skepticism marks a significant setback for Priya Kapur’s defense, setting the stage for a decisive phase in this high-profile family and corporate saga.

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