A fresh legal twist has unfolded in the high-stakes inheritance battle over the estimated Rs 30,000 crores estate of industrialist Sunjay Kapur. The Delhi High Court is now hearing serious challenges to the Will produced by his third wife, Priya Kapur, with senior lawyers saying the document may be legally defective for lack of probate compliance and the absence of executor consent.
What the children are saying
Siblings Samaira and Kiaan Kapur argue the Will has structural flaws beyond mere procedural lapses. Central to their challenge is the conduct of the named executor, Shradha Suri Marwah, who the Will itself allegedly required to take immediate custody of assets and pursue probate.
Senior advocate Mahesh Jethmalani told the court that neither step was taken. “Defendant no. 4 has acted in complete dereliction of the alleged Will,” he said, pointing out that Clause 3 leaves no discretion—probate and custodial transfer were mandatory but never pursued.
The odd correspondence
- On June 24, 2025, Suri reportedly wrote to Priya asking her to initiate probate proceedings — a note the children’s counsel say admits the executor’s legal duty rested with Suri herself.
- Suri also allegedly told others she only learned about being named executor after receiving an email from witness Dinesh Agarwal, raising questions about whether she ever consented to the role.
Why probate and executor consent matter
Legal experts say these inconsistencies strike at the Will’s enforceability. Bombay High Court lawyer Rahul R. Shelke warned: “If a Will mandates probate and custodial transfer and the executor ignores both, the court is entitled to question whether the Will existed in the manner claimed.”
Senior advocate Pratik Thadani added that leaving control of a disputed estate with a single beneficiary—especially when executor duties are unfulfilled—is neither wise nor equitable.
Foreign assets raise the stakes
The estate reportedly includes properties in New York and the United Kingdom, plus overseas-linked investments tied to Aureus Investments Pvt Ltd. The children warned that without an independent administrator, these assets could be sold, refinanced or encumbered abroad, triggering costly multi-jurisdiction litigation.
Jethmalani urged the court to appoint a receiver or independent administrator to protect overseas holdings until the Will’s validity is finally decided. He cautioned that once cross-border transactions happen, reversing them later could be extremely difficult.
Where the case stands
The dispute has moved beyond signatures and witness lists to the practical question of whether the Will was ever intended to be acted upon. With the Delhi High Court scrutinising procedural gaps, the outcome may turn on whether the executor ever accepted her role and whether the mandatory probate condition was honored.
The court’s next steps will be closely watched — not just for family resolution, but for how courts protect huge, internationally held estates while serious legal doubts remain.
