Delhi High Court Probes Validity of Sunjay Kapur’s Will Amid Probate and Executor Dispute
A high-stakes legal battle over the vast fortune of the late industrialist Sunjay Kapur has entered a new phase. The Delhi High Court is now examining fundamental questions about the validity of a Will presented by his third wife, Priya Kapur. The case centers on whether the document can be considered legally sound when key requirements, like obtaining probate and having a consenting executor, appear to have been ignored.
Core Legal Challenge: A Will Not Followed
The dispute involves an estate estimated to be worth around Rs 30,000 crores. During a recent hearing, lawyers for Sunjay Kapur’s children, Samaira and Kiaan Kapur, argued that the Will presented by Priya Kapur suffers from serious legal flaws. Their challenge goes beyond simple procedural errors. They argue the Will’s own instructions have not been followed, which calls its entire validity into question.
At the heart of the matter is the role of the executor, Shradha Suri Marwah. An executor is the person named in a Will to carry out its instructions. According to the children’s legal team, the Will required Suri to immediately take control of the estate’s assets and to apply for probate. Probate is a court order that officially certifies a Will as valid and grants the executor the legal authority to distribute the assets.
Executor’s Inaction Raises Red Flags
Senior advocate Mahesh Jethmalani, representing the children, told the court that neither of these crucial steps was taken. He stated that no probate has been sought and no assets were secured by the executor. This is despite a clause in the Will itself making probate a mandatory requirement. Jethmalani argued this inaction represents a “complete dereliction” of the executor’s duty.
The situation is further complicated by a reported communication from June 2025. In it, Shradha Suri Marwah allegedly asked Priya Kapur to initiate the probate process. The children’s counsel argues this shows the executor herself acknowledged the legal duty to seek probate, yet still failed to act. This contradiction, they say, undermines the Will’s credibility.
Questions Over Executor’s Consent
Another major point of contention is whether the named executor ever agreed to take on the role. Jethmalani pointed to Suri’s earlier statement that she had no prior knowledge of her appointment. She reportedly learned about it only after receiving an email from a witness to the Will. Under established law, an executor cannot be appointed without their consent or at least prior consultation. The lack of this consent is seen by the children’s side as a serious red flag in how the Will was created and presented.
Legal experts watching the case agree these are significant issues. Bombay High Court lawyer Rahul R. Shelke noted that a Will must be followed in full to be credible. If it mandates specific actions like probate and those actions are ignored, a court is right to question whether the document is what it claims to be.
Call to Protect Overseas Assets
Beyond the validity of the Will, the children’s legal team has pressed the court for an urgent protective measure. They have asked for an independent administrator to be appointed to safeguard Sunjay Kapur’s overseas assets until the case is resolved. These foreign holdings reportedly include properties in New York and the United Kingdom, as well as international investments.
Jethmalani warned the court that without oversight, these assets could be sold or used as collateral. If transactions occur based on a Will whose validity is still in question, it could force the family into costly legal battles in multiple countries. Once foreign assets are transferred, reversing those actions can be extremely difficult, even if an Indian court later rules the Will invalid.
A Battle Over Preservation and Procedure
Senior advocate Pratik Thadani observed that appointing an independent administrator is a neutral step to protect the estate. It is not about taking sides but about ensuring the court’s final decision has meaning. The concern is that without this protection, a future ruling in favor of the children could be meaningless if the assets have already been dispersed internationally.
As the Delhi High Court continues its scrutiny, the case has evolved. It is no longer just about verifying signatures on a document. The court is now tasked with deciding whether a Will that appears not to have been acted upon according to its own terms and the law can stand as a valid guide for distributing one of India’s largest fortunes.
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