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Mumbai: Sunjay Kapur's will is undergoing more and more scrutiny due to probate lapses. In the most recent turn of events, senior lawyer Mahesh Jethmalani argued that Sunjay's will might become invalid under the weight of its own “non-compliance” and the absence of the executor's consent.
The failure to follow the instructions written in the will raised questions over its legality and authenticity. As per the will, upon Sunjay's death, the executor, Shradha Suri Marwah, must take custody of all monies, properties and assets of the estate and incur expenses to obtain probate. Clause 3 of the document makes probate not optional, but mandatory. However, the executor did not comply. Shradha did not seek probate or take the estate’s assets into custody.
“Defendant no.4 (Shradha Suri) has acted in complete dereliction to the alleged will. She was supposed to seek probate as per the will itself; however, she chose not to. She did not take control of assets either as required by the will’s wordings and under the law. She should be removed as an Executor,” said the senior advocate in court.
Instead, Shradha, on June 24, 2025, wrote a letter to Sunjay's wife, Priya Kapur, to start probate proceedings. As per legal experts, only the executor is obligated to carry out the duty.
“If a will itself mandates probate and custodial transfer and the executor ignores both, the court is entitled to ask whether the will ever existed in the manner claimed. You cannot selectively rely on a Will—either it is followed in full, or its credibility collapses," said Rahul R Shelke, a senior Bombay HC lawyer.
Further, Jethmalani argued that the current findings raise a lot of red flags relating to the will. “This complete non-compliance and absence of prior consent of the executor create material infirmity in the Will’s presentation and execution,” said the advocate.
Earlier, Shradha told the court she wasn't aware of her appointment as the will's executor. She only got to know of it after received an email from Dinesh Agarwal, a witness in the purported will.
