Sunjay Kapur’s children, Samaira and Kiaan, have moved court seeking criminal action against Priya Kapur, alleging fabrication of their father’s will. They claim serious loopholes in the digital trail and have sought seizure of devices, which could turn the inheritance dispute into a criminal case.
New Delhi: The inheritance dispute related to industrialist Sunjay Kapur has taken a serious turn, with his children Samaira Kapur and Kiaan Kapur approaching the court seeking criminal action against his second wife, Priya Kapur.
The siblings have alleged that the will produced before the Delhi High Court is fabricated and have pointed out several loopholes in the so-called digital trail relied upon by Priya Kapur.
According to sources, Samaira and Kiaan Kapur, who are the children of actor Karisma Kapoor, have urged the court to invoke Sections 338 and 340 of the Bharatiya Nyaya Samhita against Priya Kapur.
They have accused her of forging a will that excludes them from their lawful inheritance. This fresh plea could convert what was earlier only a partition suit into a criminal case. If the allegations are proved and Priya Kapur is convicted, she could face life imprisonment, sources said.
In their submissions before the court, the siblings stated that on the date when the will was allegedly executed, March 21, neither their father Sunjay Kapur nor Priya Kapur was present in Gurgaon. They were instead in Delhi.
During the same period, Karisma Kapoor was in contact with Sunjay Kapur on WhatsApp regarding discussions on Portuguese citizenship for Samaira and Kiaan, the siblings claimed.
Priya Kapur has told the court that the will was first drafted on February 10, 2025, then modified on March 17, and finally executed on March 21 by Sunjay Kapur in the presence of two attesting witnesses, Dinesh Aggarwal and Nitin Sharma, at the Gurgaon office of AIPL.
However, the children have pointed out that on March 17, Sunjay Kapur was on vacation in Goa with Kiaan and later visited his mother, Rani Kapur, in Delhi that evening after she suffered a fall.
Sources with access to exclusive information told media that even the statements of the two attesting witnesses, Dinesh Kumar Aggarwal and Nitin Sharma, do not clearly state that the will was executed in Gurgaon.
Referring to this, Samaira and Kiaan Kapur have told the court,
“It is a strong inference that the omission of the witnesses to state even the mere fact that the alleged will was executed in Gurgaon, gives credence to the fact that the alleged will was not executed in Gurgaon, that neither the deceased nor Priya Kapur was in Gurgaon that day, and the alleged will therefore is an unambiguous forgery.”
The siblings have further requested the court to order the seizure of the mobile phones of Priya Kapur, Sunjay Kapur, Dinesh Aggarwal and Nitin Sharma. They have alleged that Priya Kapur not only forged the will but also created a “fake” digital trail to support it.
Highlighting lapses in the alleged digital trail, the siblings said there is no digital footprint of Sunjay Kapur at all. Priya Kapur has informed the court in her written submissions that the will was first prepared on February 10, 2025, but she did not disclose who actually drafted it. She also claimed that the will was modified on March 17 on the device of Nitin Sharma.
The siblings have countered this by pointing out that on March 15, Sunjay Kapur and Kiaan left for Goa and returned to Delhi only on the evening of March 17 to attend to Rani Kapur. According to them, this timeline does not match the alleged modification of the will on March 17.
Priya Kapur has maintained before the court that the will was executed on March 21 in Gurgaon in the presence of the two witnesses. However, the earliest digital record of the will consists only of screenshots taken from a device belonging to Nitin Sharma.
Samaira and Kiaan Kapur have now claimed that this digital trail was first transferred from Nitin Sharma’s device to that of Dinesh Aggarwal through email. Aggarwal then allegedly forwarded the same trail to an office WhatsApp group on March 24, 2025, three days after the will was supposedly executed. This WhatsApp group reportedly included Sunjay Kapur, Priya Kapur and Dinesh Aggarwal.
It has also been alleged that although Sunjay Kapur’s known mobile number appears in the WhatsApp chat, there is no message or response from him in the conversation.
Sources further revealed that till December 22, Dinesh Aggarwal had claimed before the court that the digital record came from a Dell laptop, while the WhatsApp screenshots were from a mobile phone. In contrast, Priya Kapur is said to have submitted digital records taken from her Apple MacBook Air.
Questions have also been raised about the role of the executor of the will, Shraddha Suri Marwah, who is described as a close friend of Sunjay Kapur. She is seen in an email dated June 15 asking Dinesh Aggarwal about which lawyer drafted the will. There was reportedly no reply to this email.
Later, during a court hearing on November 20, it emerged that the will was allegedly drafted not by a lawyer but by Nitin Sharma himself, who is also one of the attesting witnesses. Sharma is yet to make a statement in court confirming that he prepared the will.
Despite being close to Sunjay Kapur, Shraddha Suri Marwah has claimed that she came to know about the will only on June 29, just a day before it was disclosed to Karisma Kapoor and other family members at Hotel Taj Man Singh.
However, this claim is also under question, as records show that on June 24 she had emailed Dinesh Aggarwal stating that she already had a copy of the will.
The siblings have further argued that the will contains several spelling and grammatical errors which, according to them, their father, being a well-educated person, would not have made.
They pointed out that “Master Azarias” has been spelled as “Master Azrias”, that a male testator has been referred to as “her”, and that Safira Chatwal has been wrongly described as Sunjay Kapur’s daughter.
The matter is now scheduled to be taken up on January 20 before Judicial Magistrate Gagandeep Singh.
Background of the Case:
The personal estate dispute of late industrialist Sunjay Kapur has been pending before the Delhi High Court for several months and forms the background to the ongoing inheritance battle within his family. The case involves conflicting claims by his widow, Priya Sachdev Kapur, his mother Rani Kapur, and his children from his earlier marriage with actor Karisma Kapoor, namely Samaira Kapur and Kiaan Raj Kapur.
The dispute began after Sunjay Kapur’s children and his mother approached the High Court alleging that the will relied upon by Priya Kapur was forged.
They challenged its validity and claimed that it does not reflect Sunjay Kapur’s true intentions regarding his multi-million-dollar personal estate. As part of the civil proceedings, they sought an interim injunction to prevent Priya Kapur from dealing with or managing the estate until the issue is finally decided.
During the hearings, Priya Kapur denied all allegations of forgery and concealment of assets, while Sunjay Kapur’s mother questioned the disclosure of his income and bank balances.
After hearing detailed oral arguments and considering written submissions from all parties, the Delhi High Court closed the hearings and reserved its order on the interim injunction plea, clarifying that no further filings would be entertained.
The outcome of this plea is expected to have a significant bearing on the future course of the inheritance dispute and control over Sunjay Kapur’s personal estate.
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