The court battle for late industrialist Sunjay Kapur's property, worth approximately Rs 30,000 crore, raged on in court on Wednesday as his wife Priya Kapur opposed her step-daughters' petition to divide his personal wealth.
The petition, presented by Ms Karisma Kapur's children, opposed Sunjay's so-called will of March 21, leaving all his personal properties to his widow, Priya. The children testified that neither Sunjay, nor Priya, nor any other person had ever spoken of such a will. Sunjay had died after collapsing on the field while playing polo in England on June 12.
The kids are claiming a one-fifth each of their deceased father's property. Samaira Kapur, the daughter of Ms Karisma, moved the petition on behalf of her mother who has been empowered under a general power of attorney, while younger brother Kiaan, who is a minor, is also represented by their mother as his guardian.
During the hearing presided over by Justice Jyoti Singh, advocate Rajiv Nayar, who appeared for Ms Kapur, said: "This suit is not maintainable at all. I am his legal wife. The claims of love and affection - where was all this when they fought prolonged divorce legal battles in the Supreme Court. Your husband left you several years ago." He was referring to Ms Karisma and Sunjay's divorce in 2016.
He added: "The plaintiffs ought to have told your ladyships that acrimonious divorce proceedings ended up in the top court. So much love. We have a man who has died. Show some sympathy. I am a widow. I was his last lawfully wedded wife. Where were you? Your husband left you many years ago."
Priya Kapur also pointed out that children of Ms Karisma had already inherited assets valued at Rs 1,900 crore under the RK Family Trust. "So much weeping. The plaintiffs were given Rs 1,900 crore worth of assets under the Trust. I do not know how much is sufficient," she stated.
In their civil action, the children claimed Priya tried to create a forged will for their father so that she could acquire absolute control of his properties. They are asking the partition of the estate, account of accounts, and a permanent injunction against the defendants, who are Priya, her minor son, his grandmother Rani Kapur, and the reported executor of the will, Shradha Suri Marwah.
He added: "First, we were told there was no will by Priya Kapur, then suddenly we were told at the RK Family Trust meeting on July 30 that there was a will by late Sanjay Kapur."
He further added, "Initially, we were informed there was no will by Priya Kapur, and suddenly we were informed at the RK Family Trust meeting on July 30 that there was a will by late Sanjay Kapur."
"The minors (Samaira and Kiaan) are class 1 heirs... one day before the funeral, she is made Managing Director of a company which controls substantial holdings in the Trust," he said.
When the court sought clarification, Mr Nayar told the court that it is not compulsory to register according to the Supreme Court.
"I don't understand why you did not give the copy of the will to the children. Where is the will? Please pass it on," the bench said.
"Issue notice. Reply in two weeks, rejoinder in a week thereafter. Along with replies, Defendant 1 (Priya) will file a list of all movable and immovable assets known to Defendant 1. Assets to be declared as of June 12. Next date of hearing is October 9," it added.
