Priya Kapur's counsel calls the Delhi HC's status quo order on late husband Sunjay Kapur's estate a 'routine' and 'balanced' measure. The court has observed 'suspicious circumstances' around a Will, placing the onus on Priya to dispel them.
Priya Kapur's Counsel Responds to Court Order
Advocate Shyel Trehan, representing Priya Kapur, said the judgment merely follows settled principles applicable in partition and estate disputes. "The judgment passed is a very routine judgment where assets are preserved. These kinds of preservation orders are passed in every partition suit... Priya had already consented to and even offered this, as she never had any intention of dissipating the assets," she said. She further added that the order strikes a balance between the parties while safeguarding the estate. "The judgment seems to have balanced the equities. It protects the estate and legacy of Sunjay Kapur, which has always been what Priya wanted," Trehan stated, while also asserting that the Will in question carries an "unimpeachable digital footprint."
Echoing similar submissions, Advocate Meghna Mishra, from legal team of Priya Kapur, termed the order a measured one that reflects the Court's consideration of her client's stance. "It appears to be a very balanced order where status quo of assets is to be maintained. Certain personal asset disclosures were already willingly offered by Ms Priya Kapur during arguments," she said. Mishra also pointed out that the Court has clarified limits on its jurisdiction, noting, "The Court has held that it does not have jurisdiction over foreign assets. It is a balanced order which has been pronounced."
On the High Court's observation that the onus lies on Priya Kapur to dispel "suspicious circumstances" surrounding the Will, Mishra described it as a standard legal position. "That is a standard order. It is a matter for trial. The Court has taken into account that Ms Priya Kapur herself had offered not to dissipate the assets," she added.
High Court's Interim Injunction
The Delhi High Court on Thursday allowed an interim injunction plea filed by the children of Karisma Kapoor, directing maintenance of status quo over the estate of the late industrialist and restraining creation of third-party rights. The Court observed that "suspicious circumstances" had been raised by the petitioners as well as by Sunjay Kapur's mother, and held that the burden lies on Priya Kapur to dispel those doubts during trial. It also directed filing of account statements and emphasized that preservation of the estate is necessary, particularly as the trial may take time.
The Broader Estate Dispute
The dispute centres on the validity of a contested Will, with the petitioners questioning its authenticity and raising concerns over alleged inconsistencies, lack of registration, and the circumstances of its preparation. During hearings earlier, Senior Advocate Rajiv Nayar, appearing for Priya Kapur, denied allegations of concealment or siphoning of assets, maintaining that full disclosures had been made and defending the Will's validity.
On the other hand, Senior Advocate Mahesh Jethmalani, representing the children, argued that heightened scrutiny is warranted since Priya Kapur is both the propounder and the principal beneficiary. Separately, Kapur's mother has also raised questions on the Will, claiming lack of knowledge about its existence and disputing disclosures regarding the estate. The high-stakes dispute reportedly involving assets worth nearly ₹30,000 crore continues before the High Court, with the interim order ensuring that the estate remains preserved pending final adjudication.
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