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Sunjay Kapur Will: Is Registration A Must? How Is It Done? What Happens If It Is Not Registered?

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Sunjay Kapur, 53, died on June 12, after a heart attack during a polo match. His mother Rani and ex-wife actor Karisma Kapoor’s children have challenged the will

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Sunjay Kapur's family is fighting a legal battle for inheritance. (File)

Sunjay Kapur’s family is fighting a legal battle for inheritance. (File)

The family of industrialist Sunjay Kapur – his mother Rani, ex-wife actor Karisma Kapoor and her two children, and current wife Priya Sachdev Kapur — is embroiled in a legal battle over the inheritance of his property, approximately worth Rs 30,000 crore.

Kapur, 53, died on June 12, following a heart attack during a polo match triggered allegedly by a bee sting.

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One of the issues raised by Karisma’s children in the Delhi High Court on Wednesday was that the will of Sunjay Kapur was not registered and hence its validity raised questions.

Is registration of will mandatory? How is it done? What if it is not done? When should it be registered? Explained.

Who is Sunjay Kapur?

Kapur was the chairman of Sona Comstar, a leading automotive components firm with global operations, including manufacturing for EVs across India, China, Mexico, Serbia, and the US. His net worth was estimated at $1.2 billion (Rs 10,300 crore) by Forbes in 2024, with a high point valuation of $1.6 billion (Rs 13,000 crore).

Sona Comstar was founded by his father, Surinder Kapur, in 1997. After Surinder’s death in 2015, Sunjay Kapur had taken over the reins.

Explained | Sunjay Kapur Succession Dispute: The Saas-Bahu Saga At Sona Comstar Goes International

Sunjay Kapur inheritance hearing: What happened in court?

Karisma’s children have approached the Delhi High Court seeking a share in the estate of their late father. The petition primarily challenges the claim of Priya Kapur, Kapur’s third wife, whom he married following his divorce from Karisma Kapoor.

The siblings, Samaira Kapur and Kiaan Raj Kapur, have alleged that the will disclosed to them after their father’s death was “forged and fabricated.”

Senior advocate Mahesh Jethmalani described the circumstances as suspicious, noting that the will was read hastily at the Taj Hotel and that the executor herself, Shradha Suri, only learned of it a day prior. Jethmalani also questioned the involvement of Dinesh Aggarwal, an employee who reportedly disclosed the will to the family, calling the act “beyond reasoning.”

Sunjay Kapur and Karisma Kapoor were married in September 2003 and had two children before divorcing in June 2016. Kapur later married Priya Kapur in April 2017, and they had one child together. The executor has informed Karisma that neither she nor her children are named beneficiaries, though she has been offered the option to inspect the will at Suri’s office.

Vaibhav Gaggar, appearing for Rani Kapur, told the Delhi High Court that “there’s something unholy going on” in the family’s inheritance dispute. During the hearing, the court directed that written statements from all parties involved must be filed within two weeks, with any replication or rejoinder to follow within a week thereafter.

What is registration of will?

Will registration is the official process of recording your will with a government authority.

A registered is considered a credible evidence, making it tougher for it to be challenged or forged, thus ensuring your final wishes are honoured.

Which law controls registration of will?

In India, will registration is governed by the Registration Act, 1908, but it is not mandatory, as Section 18(e) of the Act classifies wills as documents for which registration is optional. Registration is handled by the Sub-Registrar of the area where the testator lives.

How can you make a will?

A will can be made on plain paper, and can be handwritten or printed, as long as the person making the will (also known as the testator) is mentally sound and at least 18 years old. The document must be signed by the testator in the presence of at least two witnesses to make it legally valid. The witnesses are also required to sign the will.

When and how can a will be registered?

Anytime during your lifetime. Under Section 40 of the Act, your Executor, or any person claiming under the will, such as a beneficiary, can present the will for registration at the local sub-registrar’s office.

It should be done on priority in case of:

A complex family structure, multiple beneficiaries, or if you foresee potential disputes over your assets.

If you own immovable assets, such as a flat, commercial property, or residential property, registering your will can help because at the time of transfer of such assets, the local authorities tend to rely more on a registered will.

Is registering a will mandatory by law?

Contrary to popular belief, registration of a will is not mandatory under Indian law (Section 18 (e) of the Registration Act, 1908) to make it legally valid.

How does registration of will help?

An official copy of a registered will is maintained by the government authority, which protects it from being lost, stolen, destroyed, or tampered with.

It confirms the document is authentic, as it you are required to be present before a government official with identity verification.

The official record reduces the chances of claims that your signature has been forged or that you were under duress or undue influence when creating the will.

Explained | ‘Sunjay Kapur’s Death Suspicious’: Mother Says ‘More Than What Meets The Eye’ At Sona Comstar

Can a registered will be challenged?

Yes, but it is considered a strong, sound evidence in court

What happens when a will is challenged?

The probate process is halted and the court asks the challenger to prove its invalidity on grounds of fraud, undue influence, lack of mental capacity, or improper execution.

If successful, the will is declared invalid, and assets are distributed under a previous valid will or the rules of intestacy. If the challenger fails, the will stands, and the process of distribution moves forward.

With Agency Inputs

About the Author

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Manjiri Joshi

At the news desk for 17 years, the story of her life has revolved around finding pun, facts while reporting, on radio, heading a daily newspaper desk, teaching mass media students to now editing special copies …Read More

At the news desk for 17 years, the story of her life has revolved around finding pun, facts while reporting, on radio, heading a daily newspaper desk, teaching mass media students to now editing special copies … Read More

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