The Court today finished the hearing on the temporary restraining order that Karisma Kapoor's kids made to stop Priya from giving other people rights to Sunjay's property.
On Tuesday, Priya Sachdev Kapur and her young son Azarius told the Delhi High Court that the court can't stop them from trying to get ownership of Priya's late husband Sunjay Kapur's property in the US and the UK.
Senior Advocate Akhil Sibal represented six-year-old Azarius and said that when Sunjay Kapur died, shares of Aureus Investment Private Limited (AIPL) were given to Priya Kapur, who does not want to sell them. However, he said that the High Court can't issue a status quo order about the unmovable property in the US and the UK because it doesn't have power over those cases.
This court cannot give a title or divide foreign property that cannot be moved... According to established rules of private international law, the courts of the state in which the property is located must make decisions about the title, division, and so on of immovable property. Sibal said, "I have written that too."
The filing was an answer to the lawsuit made by Sunjay Kapur's kids from his first marriage with Bollywood actor Karisma Kapoor. The children have sought share in their late father Sunjay Kapur’s estate and have disputed the authenticity of the will performed by Sunjay Kapur in favour of their stepmother Priya Sachdev Kapur.
The Court was especially hearing the arguments on the interim injunction application brought by Karisma Kapoor’s children to restrain Priya Kapur from creating any third-party rights over their father Sunjay Kapur’s assets.
Senior Advocate Mahesh Jethmalani stood for Karisma Kapoor’s children and stated that the Court could pass an order restraining Priya Kapur from “misusing the forged will” to seek title of the properties located abroad.
Sibal then said that there is no such prayer in the interim injunction application brought by Karisma Kapoor’s children and granting such a far-reaching prayer would effectively amount to an anti-suit injunction.
“My friend [Jethmalani] can say he wants to press for that, but then we have to be heard on that in detail,” Sibal said.
Jethamalani replied that he would not mind that and that the prayers in the interim injunction application cover properties located in a foreign jurisdiction.
However, the Court said that there would be no more hearing on the interim injunction motion.
“No no, we are done now. No more hearing now. The meeting is over,” Justice Jyoti Singh said.
The Court then ordered the parties to file their written statements in the matter and listed the case on December 22.
In the main suit, the siblings have charged stepmother Priya Kapur (the third wife of Sunjay Kapur) of forging Sunjay Kapur's will and trying to gain total control of the property.
Karisma Kapoor and Sunjay Kapur were married for 13 years, from 2003 to 2016 before getting split. They have a son and a daughter together. Sunjay later married Priya.
Central to the dispute is a will dated March 21, 2025, which reportedly leaves Sunjay Kapur’s entire personal estate to Priya Sachdeva Kapur
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