Actor Karisma Kapoor's children, who are seeking a share in their late father Sunjay Kapur's Rs 30,000 crore assets, on Tuesday told the Delhi High Court that the industrialist’s widow Priya Kapur had forged his will, even as they described her as “an acute gambler.”
Challenging the authenticity of his will, senior counsel Mahesh Jethmalani, appearing for Samaira (20 yrs), and Kiaan (15 yrs), told Justice Jyoti Singh the “bogus” will of March 21 should not have seen the light of day due to various errors not only in its drafting but also in its execution.
“This is the best case for why one should not forge a will. Under this case, she will be booked for forgery. If this forgery is proved, she will lose everything that she is bequeathing to herself under the trust. The lady is a gambler, good luck to her,” Jethmalani said, while reiterating that there's was no proof that Sunjay drafted the will.
“There is no digital footprint, no handwriting, no evidence of his physical involvement - he's a digital ghost,” he said, adding that "unless Sunjay was of unsound mind or didn't know English, he wouldn't have signed a will containing such glaring grammatical and factual mistakes. A man with his education and reputation would never approve a document like this.”
He contended that the will had so many inconsistencies and lack testimony from any of the three living individuals involved in its preparation - Priya and the two witnesses - could not be relied upon. "Not a single word from them as to who prepared the will," he said.
Jethmalani told the court there were repeated use of "she" and "her" in place of "he" and "his" in several portions of the document. “I would not present a will like this to court. This will even has feminine pronouns,” he said, adding that it was unlikely that the late industrialist’s education and meticulous nature would have made such an error.
“Some food for thought. If Sanjay really intended to bequeath all his personal assets to his wife, he would have first registered the will, but he hasn’t. Why wouldn’t he do it then? Defendant No. 1 (Priya) is getting a sizable amount of money; wouldn’t she want registration of the will?,” the senior counsel asked.
“You (Priya) call them greedy? Your greed is far greater – and its written into every line of the will,” he argued.
On Monday, Jethmalani pointed out that the “forged” will contained several errors, including the misspelling of Kiaan’s name and the incorrect address of Samaira. He argued that such mistakes were highly uncharacteristic of Sunjay, who shared a good bond with his children.
The hearing will continue on Wednesday.
Samaira and Kiaan through their mother have urged the court to declare them as Class I legal heirs and direct a partition of their father’s vast estate, demanding a one-fifth share each. They claimed they being Class I legal heirs were entitled to their respective shares in the personal assets of their deceased father in accordance with applicable laws of inheritance. Besides, they want the court to appoint a local commission to effect the partition of the assets.
The late chairman of Sona Comstar was married to Priya Sachdev at the time of his death and had son Azarius with her.
Challenging the authenticity of his will, senior counsel Mahesh Jethmalani, appearing for Samaira (20 yrs), and Kiaan (15 yrs), told Justice Jyoti Singh the “bogus” will of March 21 should not have seen the light of day due to various errors not only in its drafting but also in its execution.
“This is the best case for why one should not forge a will. Under this case, she will be booked for forgery. If this forgery is proved, she will lose everything that she is bequeathing to herself under the trust. The lady is a gambler, good luck to her,” Jethmalani said, while reiterating that there's was no proof that Sunjay drafted the will.
“There is no digital footprint, no handwriting, no evidence of his physical involvement - he's a digital ghost,” he said, adding that "unless Sunjay was of unsound mind or didn't know English, he wouldn't have signed a will containing such glaring grammatical and factual mistakes. A man with his education and reputation would never approve a document like this.”
He contended that the will had so many inconsistencies and lack testimony from any of the three living individuals involved in its preparation - Priya and the two witnesses - could not be relied upon. "Not a single word from them as to who prepared the will," he said.
Jethmalani told the court there were repeated use of "she" and "her" in place of "he" and "his" in several portions of the document. “I would not present a will like this to court. This will even has feminine pronouns,” he said, adding that it was unlikely that the late industrialist’s education and meticulous nature would have made such an error.
“Some food for thought. If Sanjay really intended to bequeath all his personal assets to his wife, he would have first registered the will, but he hasn’t. Why wouldn’t he do it then? Defendant No. 1 (Priya) is getting a sizable amount of money; wouldn’t she want registration of the will?,” the senior counsel asked.
“You (Priya) call them greedy? Your greed is far greater – and its written into every line of the will,” he argued.
On Monday, Jethmalani pointed out that the “forged” will contained several errors, including the misspelling of Kiaan’s name and the incorrect address of Samaira. He argued that such mistakes were highly uncharacteristic of Sunjay, who shared a good bond with his children.
The hearing will continue on Wednesday.
Samaira and Kiaan through their mother have urged the court to declare them as Class I legal heirs and direct a partition of their father’s vast estate, demanding a one-fifth share each. They claimed they being Class I legal heirs were entitled to their respective shares in the personal assets of their deceased father in accordance with applicable laws of inheritance. Besides, they want the court to appoint a local commission to effect the partition of the assets.
The late chairman of Sona Comstar was married to Priya Sachdev at the time of his death and had son Azarius with her.
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