Delhi High Court Questions Validity of Sunjay Kapur Will Amid Probate and Executor Concerns

Ziya Khan December 11, 2025Last Updated: December 11, 2025

A new legal challenge has surfaced in the high-stakes inheritance dispute over the Rs 30,000 crore estate of late industrialist Sunjay Kapur. Senior advocates appearing for Kapur’s children, Samaira and Kiaan, have raised serious doubts about the validity of the Will presented by his third wife, Priya Kapur, citing failure to comply with probate requirements and absence of executor action.

During hearings on December 10, 2025, the Delhi High Court was told that the Will suffers from fundamental legal flaws beyond mere procedural errors. Central to the dispute is the role of the named executor, Shradha Suri Marwah, who—under the Will’s terms—was obligated to take immediate control of the estate’s assets and initiate probate proceedings following Kapur’s death. Senior advocate Mahesh Jethmalani argued that neither of these essential steps was taken.

“Defendant no. 4 has acted in complete dereliction of the alleged Will,” he stated, emphasizing that no probate has been filed and no assets have been placed under the executor’s control, despite the Will explicitly requiring probate under Clause 3.The complexity deepened with a June 24, 2025 letter from Suri to Priya Kapur, urging her to start probate proceedings.

According to the children’s legal team, this admission indicates that the executor herself failed to fulfill her duties, casting further doubt on the Will’s legitimacy. Additionally, Suri claimed she was unaware of her appointment as executor until receiving an email from a Will witness, Dinesh Agarwal. Jethmalani highlighted that legal precedent demands executor consent or prior consultation, calling the absence of such consent a “serious red flag.

”Legal experts underscored these concerns. Bombay High Court lawyer Rahul R. Shelke remarked, “If a Will mandates probate and asset transfer but the executor ignores both, the court must question the Will’s existence and enforceability.”The children’s counsel also requested the court to appoint an independent administrator to protect Sunjay Kapur’s overseas assets—spanning properties in New York, the UK, and investments linked to Aureus Investments Pvt Ltd—until the Will’s status is resolved.

Jethmalani cautioned that without oversight, foreign assets might be sold or encumbered, triggering complex international litigation. The court is expected to continue examining these issues as the high-profile case unfolds.