Delhi HC hints at forensic examination of Sunjay Kapur's will
What's the story
The Delhi High Court has hinted that a forensic examination of the disputed will of late industrialist Sunjay Kapur may soon become inevitable. The court's observation on Tuesday came as a response to demands from Kapur's children with actor Karisma Kapoor, Samaira and Kiaan, for a forensic examination of their father's will. They have alleged discrepancies in the document about his business empire worth over ₹30,000cr.
Legal proceedings
The court's observation could change course of the legal battle
Delhi HC registrar (judicial) Gagan Deep Jindal said any party may inspect documents, citing the September 10 High Court order. This observation has opened the door for an inspection and possibly a forensic examination of Kapur's disputed will, which has been strongly opposed by his third wife, Priya Sachdev Kapur. The court added that paragraph 8 of the September 10 order mandates inspection for both parties.
Legal argument
Sachdev Kapur's counsel argued against forensic examination
Despite the court's observation, Sachdev Kapur and her son Azarias's counsel argued against the maintainability of Samaira and Kiaan's application for a forensic examination. However, the plaintiffs' lawyers countered by citing Justice Jyoti Singh's clarification in the September 10 order allowing inspection. They also referred to another Joint Registrar order allowing inspection in a different case, which was agreed upon by the registrar.
Will controversy
The will's authenticity and executor's role under scrutiny
The authenticity of the will, Kapur's signature on it, and the circumstances of its creation have all been questioned. The document names Sachdev Kapur as the sole beneficiary while excluding Kapur and Kapoor's two children and his mother, Rani Kapur. This has raised eyebrows. Adding to the intrigue, Shradha Suri Marwah, named executor in the will, was unaware of her appointment and learned of it via an email from Aureus Group official Dinesh Agarwal.
Judicial examination
Court granted Marwah 10 more days to file rejoinder
Taking note of these unresolved questions, the registrar has given Marwah a "final 10 days" to file her rejoinder. This indicates that her role as executor will now come under close judicial examination. The next hearing in this high-profile case is scheduled for February 5, where further arguments and disposal of the application will take place.