Sunjay Kapur Will Dispute: Delhi HC Permits Physical Inspection Of Sealed Testament

The Delhi High Court allows the children of Karisma Kapoor and late businessman Sunjay Kapur, along with his mother Rani Kapur, to inspect the original version of a disputed will that lies at the centre of an ongoing inheritance battle.

The direction comes in an order passed by Joint Registrar Gagandeep Jindal, who schedules the inspection for 10 March at 3 pm within the court premises.

The court states that the document, currently kept in a sealed cover with the registry, may be examined in the presence of authorised legal representatives from all contesting sides. Counsel for the children and for Rani Kapur may inspect the will to assess its authenticity.

The inspection takes place in the presence of legal representatives appearing for Priya Kapur, Sunjay Kapur’s third wife.

The order clearly specifies that no photographs, scans or copies of the document are permitted during the exercise.

It further provides that if Priya Kapur’s lawyers fail to attend at the scheduled time, the inspection proceeds in their absence, ensuring that procedural progress does not stall.

The will emerges as the focal point of a family dispute following Sunjay Kapur’s death. During hearings, lawyers representing the children and Rani Kapur argue that examining the original document is necessary to determine whether it is genuine.

Although a photocopy of the will is already shared among parties, they contend that only physical inspection of the original can confirm its authenticity and help them decide their litigation strategy.

They also seek permission to involve forensic or handwriting experts during the inspection.

According to their submissions, expert assistance may help evaluate signatures, handwriting flow, ink patterns and other material aspects before the matter proceeds further.

Counsel for Priya Kapur opposes the request. They argue that the plea is premature and maintain that any forensic scrutiny should take place at a later evidentiary stage of the trial.

They also contend that the Joint Registrar lacks authority to allow such inspection.

The court rejects these objections. In its order, it notes that merely placing a document in sealed cover does not automatically bar inspection under the Delhi High Court Rules unless a specific confidentiality direction exists.

Since no prior judicial order restricts access to the will, the registrar exercises power under established procedural norms to permit inspection.

Importantly, the High Court does not pronounce on the authenticity or validity of the will at this stage. The present order addresses only procedural access.

The substantive question, whether the document represents the true testamentary intention of the deceased, remains to be adjudicated.

According to filings referenced during proceedings, the contested will allegedly transfers a significant portion of the estate to Priya Kapur and her son. The petitioners raise concerns about alleged inconsistencies and question whether the document accurately reflects Sunjay Kapur’s final wishes.

However, the court refrains from entering into these claims while deciding the limited issue of inspection.

Legal experts observed that forensic examination in disputed will cases often involves detailed analysis of handwriting, signatures, ink composition and paper quality.

Such technical findings may influence trial strategy but do not independently determine the outcome; the court ultimately evaluates all evidence before reaching a conclusion.

The matter reportedly involves an estate valued at tens of thousands of crores, though exact figures do not appear in the present judicial record.

Given the scale of assets and competing claims, procedural safeguards assume heightened importance.

Source: India News Network