Sunjay Kapur Estate Battle: When Is A Will Legally Valid And Why Are Karisma’s Kids In Court?

Last Updated:September 11, 2025, 13:19 IST

The executor, Shraddha Suri, has already conveyed to Karisma Kapoor that neither she nor her children are beneficiaries under the will

Karisma Kapoor’s children, Samaira and Kiaan, have termed Sunjay Kapur’s will as “forged and fabricated”

A high-stakes inheritance battle has erupted in the Delhi High Court over the estate of late industrialist and Sona Comstar chairman, Sunjay Kapur, valued at nearly Rs 30,000 crore. His untimely death at 53, after a heart attack during a polo match in London this June, has triggered competing claims between his former wife and actress Karisma Kapoor’s two children, his widow Priya Sachdev Kapur and their son, his mother Rani Kapur, and executor of the will, Shraddha Suri Marwah.

The flashpoint came last week when Kapur’s children with Karisma, Samaira and Kiaan, filed a petition in the Delhi High Court seeking a fifth share each in their father’s movable and immovable assets. They have also asked for an interim stay on any transfer, disposal or creation of third-party rights over the estate until the matter is resolved.

At the centre of the controversy lies the will of Sunjay Kapur, which Samaira and Kiaan have termed “forged and fabricated”. Their counsel, senior advocate Mahesh Jethmalani, told the court that the will was “hurriedly read out at the Taj Hotel”, with even executor Shraddha Suri learning about it only a day earlier. Jethmalani further alleged that its disclosure through a company employee, Dinesh Agarwal, was “beyond logic” and raised serious doubts about its authenticity.

The children’s key objection is that the will was not registered. This has brought into focus an important question: Is registration of a will legally mandatory in India?

The legal position on will registration

In India, a will can be made on plain paper, handwritten or typed, provided the person making it (the testator) is of sound mind and at least 18 years old. The testator must sign the document in the presence of at least two witnesses, who must also sign it.

Registration of wills is governed by the Registration Act, 1908. Under Section 18(e) of the Act, registering a will is optional, not compulsory. Thus, an unregistered will is still legally valid if executed properly.

However, experts point out that registering a will with the local sub-registrar provides greater security, as an official copy is preserved by the government, reducing the risk of loss, forgery, or disputes. Courts also consider registered wills as stronger evidence during succession battles. Yet, even a registered will can be challenged on grounds of fraud, coercion, undue influence, lack of mental capacity, or improper execution.

The succession case

The executor, Shraddha Suri, has already conveyed to Karisma Kapoor that neither she nor her children are beneficiaries under the will. However, she has allowed them to inspect the document at her office. On the other hand, Priya Sachdev Kapur, whom Sunjay married in 2017, and their son, remain primary claimants.

During the divorce from Karisma in 2016, Sunjay Kapur had reportedly provided bonds worth Rs 14 crore for his two children and transferred one of his father’s houses to Karisma as part of the settlement. After the divorce, he remarried Priya, with whom he has one child.

On September 11, the High Court directed all respondents – Priya Kapur, Rani Kapur, and executor Shraddha Suri – to file written statements within two weeks. Replies, if any, must be filed a week thereafter. The next hearing will determine whether the transfer of assets can be restrained until the authenticity of the will is decided.

Sunjay Kapur and Sona Comstar

Sunjay Kapur headed Sona Comstar, a leading automotive component maker with operations in India, China, Mexico, Serbia, and the US. The company, founded by his father Surinder Kapur in 1997, grew into a global supplier under his leadership. Forbes estimated his net worth at $1.2 billion (Rs 10,300 crore) in 2024, peaking at $1.6 billion (Rs 13,000 crore).

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