The Sunjay Kapur will case has escalated, with Samaira and Kiaan Kapur, the children of Karisma Kapoor, seeking criminal action against their father's second wife, Priya Kapur, from court, sources have told NDTV. They have also pointed out multiple loopholes in the "digital trail" of the will that was presented in the Delhi High Court by Priya Kapur, sources said.
Samaira and Kiaan Kapur have asked that Sections 338 and 340 of the Bharatiya Nyaya Samhita be invoked against Priya Kapur, accusing her of fabricating the will that excludes them from their inheritance, sources said. Their fresh demand can turn what was till now a partition suit into a criminal case. If convicted, Priya Kapur will face life imprisonment.
In their submissions to court, the siblings said their father, industrialist Sunjay Kapur and his wife Priya Kapur, were not in Gurgaon on the day the will was signed (March 21). They were in Delhi, and Karishma Kapoor was in touch with Sunjay Kapur via WhatsApp to discuss Portuguese citizenship for Kiaan and Samaira.
Priya Kapur has told the court that the will was first drafted on Feb 10, 2025, modified on March 17 and was executed on March 21 by Sunjay In presence of Dinesh Aggarwal and Nitin Sharma (two attesting witnesses) in the Gurgaon office of AIPL.
However, on March 17, Sunjay Kapur was vacationing with Kiaan in Goa and then visited his mother Rani Kapur in the evening as she had suffered from a fall.
What has now emerged from the exclusive information accessed by NDTV, is that the statements of the attesting witnesses (Dinesh Kumar Aggarwal and Nitin Sharma) do not indicate that the will was executed in Gurgaon either.
"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." Samaira and Kiaan Kapur have claimed in court, sources revealed to NDTV.
The siblings have appealed to the court that the cellphones of Priya Kapur, Sunjay Kapur, Dinesh Aggarwal and Nitin Sharma be seized, alleging that Priya has not only forged the will but also established a "fake" digital trail.
Lapses in Digital Trail
Pointing out the lapses in "digital trail", they said there was no digital footprint of Sunjay Kapur in it.
According to sources, Priya Kapur has told the court in her written submissions that the will was first drawn on February 10, 2025, but remained silent on who prepared it. She has also told the court that the will was modified on Nitin Sharma's device on March 17.
On March 15, Sunjay and Kiaan went on a trip to Goa and returned to Delhi on the evening of March 17, to attend to Rani Kapur. This timeline does not match the modification made to the will on March 17, they have claimed.
Priya Kapur has told the court that the will was executed on March 21 by Sunjay In presence of Dinesh Aggarwal and Nitin Sharma in Gurgaon.
Sources have told NDTV that earliest digital trail of the will consists of screenshots of the device belonging to Nitin Sharma.
Now Samaira and Kiaan Kapur have claimed that the digital trail was transposed from Nitin Sharma's device to one belonging to Dinesh Agarwal by e-mail. Agarwal then transposed the trail to a WhatsApp office group, the members of which were Sunjay, Priya Kapur and Dinesh Agarwal on March 24, 2025, three days after the alleged will had been purportedly executed.
It has also been claimed in court that while Sunjay Kapur's known mobile phone number is on the office WhatsApp chat, there is no input or response from him.
Sources revealed that till December 22, Aggarwal claimed in court that the digital record is sourced from a Dell laptop, whereas the WhatsApp screenshots were from a mobile phone. Priya Kapur is said to have submitted digital record from her Apple MacBook Air.
Questionable Role of Executor
Sources revealed to NDTV, that Shraddha Suri Marwah - the executor of the will, who is said to be a close friend of Sunjay Kapur - is seen asking on mail to Dinesh Aggarwal on June 15 as to which lawyer drafted the will.
There was no reply. On November 20, it emerged in a court hearing that the will was drafted by Nitin Sharma (the witness) and not by a lawyer. Sharma is yet to depose in court that he prepared the will.
Despite being a close friend of Sunjay Kapur, Shraddha claimed she got to know about will only on June 29 - a day before it was disclosed to Karisma and rest of the family in hotel Taj Man Singh.
It is also unclear how Suri got the copy of the will - on June 24, she sent a mail to Dinesh, saying she has a copy, which also contradicts her own claim.
The will also features a number of spelling and grammatical errors, which their father, an educated man, would not have made, the siblings have contended.
"Master Azarias" has been spelled as "Master Azrias". A male testator has been addressed as "her" in the will and identifies Safira Chatwal as Sunjay's daughter, according to exclusive information accessed by NDTV.
Now proceedings will held on January 20, before judicial magistrate Gagandeep Singh.
