New Delhi [India], October 13 (ANI): Senior advocate Mahesh Jethmalani, appearing for the children of late industrialist Sunjay Kapur, told the Delhi High Court on Monday that the will attributed to Kapur was a forged and fabricated document filled with contradictions, irregularities, and suspicious details.
"This will has every hallmark of forgery," Jethmalani argued before Justice Jyoti Singh, who is hearing the case. "It makes no sense that Mr Kapur, while vacationing with his son, was modifying a will saved on someone else's device. The entire source of this document is unclear and secretive."
According to Jethmalani, the first draft of the will was created on February 10, 2025, on the device of Nitin Sharma, and later modified on March 17 and March 24, despite the will being said to have been executed on March 21. "If the will was finalised on the 21st, why was it modified again three days later? There are now two versions," he said.
He added that the document's metadata showed it was "transferred from another computer," raising doubts about its authenticity. "The note at the bottom of the file itself says it might be blocked because it came from another system that makes its source highly doubtful," Jethmalani said, calling it "an uncertified and unreliable document."
The senior counsel also alleged that two wills, one for the husband and another for the wife, were being prepared at the same time, but were not mutual wills, and that there was no proper explanation for this. He further questioned WhatsApp chats allegedly used to share the will, saying screenshots were taken from two different phones, and no digital evidence certificate had been submitted.
"There was a race to deliver the will immediately after the cremation," Jethmalani said, adding that the original document was handed over between the defendants on the day condolences were offered. "We've only seen a copy. The original hasn't been inspected yet."
He pointed out several mistakes in the will, including wrong addresses, misspelt names, and missing details about assets such as jewellery and cryptocurrency, calling them "completely uncharacteristic of Mr Kapur, who was always meticulous."
"This will demean him. It's careless, inconsistent, and goes against all circumstantial evidence," Jethmalani submitted, noting that Mr Kapur's properties in India were already secured under a tight family trust, making the will unnecessary.
The petitioners have alleged that Priya Kapur received more than 60 percent of the assets, while others were left with a much smaller share. "Those who forged the will benefited directly. Nitin Sharma became a company director just a day after the funeral," Jethmalani said, adding that forgery of a will is punishable with life imprisonment.
He also claimed that the executor of the will was never informed of her appointment. "That is highly unnatural for someone as aware and educated as Mr Kapur," he said.
Jethmalani urged the court to maintain the status quo on the assets, arguing that no third-party rights should be created until the authenticity of the will is proven.
After hearing the submissions, Justice Jyoti Singh directed the respondents to explain the discrepancies in the file's metadata and modification dates, and listed the matter for further hearing on Tuesday. (ANI)
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