Ms. Samaira Kapur & Anr vs Mrs. Priya Kapur & Ors on 30 April, 2026

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    Delhi High Court

    Ms. Samaira Kapur & Anr vs Mrs. Priya Kapur & Ors on 30 April, 2026

    Author: Jyoti Singh

    Bench: Jyoti Singh

                              $~
                              *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                              %                                    Date of Decision: 30th April, 2026
                              +      CS(OS) 627/2025
                                     MS. SAMAIRA KAPUR & ANR.                       .....Plaintiffs
                                                  Through: Mr. Mahesh Jethmalani, Senior
                                                  Advocate with Mr. Saurav Agrawal, Mr. Adhiraj
                                                  Harish, Mr. Ravi Sharma, Mr. Akhil Sachar, Mr.
                                                  Shantanu Agarwal, Ms. Madhulika Rai Sharma,
                                                  Mr. Manas Arora, Mr. Syed Hamza Ghayor, Ms.
                                                  Ananya Garg, Mr. Tapojit Sarker, Mr. Anjani
                                                  Kumar, Ms. Prachi Dubey, Ms. Mehak Joshi, Ms.
                                                  Samayra Adhlakha, Mr. Tushar Nair, Mr. Shivam
                                                  Mishra, Ms. Sunanda Tulsian and Mr. Prafull
                                                  Kumar, Advocates.
    
                                                       versus
    
                                     MRS. PRIYA KAPUR & ORS.                    .....Defendants
                                                  Through: Mr. Rajiv Nayar and Ms. Shyel
                                                  Trehan, Senior Advocates with Ms. Meghna
                                                  Mishra, Mr. Ankit Rajgarhia, Mr. Tarun Sharma,
                                                  Mr. Rohit Kumar and Mr. Prabhat, Advocates for
                                                  D1.
                                                  Mr. Akhil Sibal, Senior Advocate with Ms.
                                                  Meghna Mishra, Mr. Ankit Rajgarhia, Mr. Tarun
                                                  Sharma, Mr. Rohit Kumar, Mr. Krishnesh Bapat,
                                                  Ms. Janhvi Sandhu and Mr. Aditya, Advocates for
                                                  D2.
                                                  Mr. Vaibhav Gaggar, Senior Advocate with Ms.
                                                  Smriti Churiwal, Mr. Jaiveer Kant, Ms. Vidisha
                                                  Jain, Ms. Meher Thapar, Mr. Akash Kumar and
                                                  Mr. Dhruv Dewan, Advocates for D3.
                                                  Ms. Anuradha Dutt, Ms. Divya Bhalla and Mr.
                                                  Raghav Dutt, Advocates for D4.
    
                                     CORAM:
                                     HON'BLE MS. JUSTICE JYOTI SINGH
    
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    By:KAMAL KUMAR            CS(OS) 627/2025                                            Page 1 of 58
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                                                             JUDGEMENT
    

    JYOTI SINGH, J.

    I.A. 22292/2025 (u/O XXXIX Rules 1 and 2 r/w Section 151 CPC)

    SPONSORED

    1. This judgment will dispose of an application filed by the Plaintiffs
    under Order XXXIX Rules 1 and 2 read with Section 151 CPC for grant of
    interim injunction.

    2. Plaintiff No.1/Ms. Samaira Kapur (‘Samaira’) is the daughter of Late
    Shri Sunjay Kapur (‘Sunjay’) and Plaintiff No.2/Master Kiaan Raj Kapur
    (‘Kiaan’) is the minor son. Both Plaintiffs are born out of wedlock between
    Sunjay and Ms. Karisma Kapoor (‘Karisma’), which marriage was dissolved
    by mutual consent in the year 2016. It is stated in the plaint that mother of
    the Plaintiffs has no interest adverse to the Plaintiffs. Defendant No.1/Ms.
    Priya Kapur (‘Priya’) married Sunjay after dissolution of his marriage with
    Karisma and Defendant No.2/Master Azarias S. Kapur (‘Azarias’) is the
    minor son born out of the said wedlock and is impleaded through Priya, his
    next friend and natural guardian. Defendant No.3/Ms. Rani S. Kapur
    (‘Rani’) is the mother of Sunjay and Defendant No.4/Shradha Suri Marwah
    (‘Shradha’) is the executor of the alleged Will dated 21.03.2025,
    propounded by Priya.

    3. The case set out on behalf of Samaira and Kiaan in the plaint is that
    Sunjay is the son of Late Dr. Surinder Kapur (‘Surinder’) and Rani and has
    two sisters. Karisma and Sunjay got married on 29.09.2003 and Samaira and
    Kiaan were born from the said wedlock. Sunjay married Priya on
    13.04.2017 and they were blessed with a son, namely, Azarias. Even after
    the divorce, Sunjay continued to have very good relations with Karisma and
    the children and both were co-parenting. Samaira and Kiaan were always in

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    touch with Sunjay and travelled on holidays, celebrated festivals together
    and spoke to each other regularly on video and audio calls and were also
    connected as part of many WhatsApp groups. When they visited Delhi,
    Samaira and Kiaan often stayed with Sunjay at his Rajokri House, where
    they had designated rooms for themselves and this is a matter of common
    knowledge. Most festivals like Diwali as also weekends were spent by the
    children at Delhi, which is fortified by photographs, WhatsApp chats and
    videos. Sunjay often travelled to Mumbai and stayed with them at their
    residence and after Samaira went to the University in USA, Sunjay visited
    her in Boston and many times Samaira travelled to New York to meet her
    father.

    4. It is stated in the plaint that Sunjay, Samaira and Kiaan also went
    together on many holiday trips, both in India and abroad, such as the trip to
    England in June-July, 2022; New York in July, 2022; Thailand in
    December-January, 2023; Spain in July-August, 2024; New York in
    November-December, 2024; and South Africa in December, 2024. On these
    trips, the entire family, including Karisma was together and Rani also
    accompanied them for holiday in Thailand. Sunjay also took Kiaan
    separately for holidays on many occasions, especially to England, where
    father and son shared special moments. In fact, just prior to Sunjay’s
    untimely demise, Kiaan and Sunjay were in Goa for a holiday from
    15.03.2025 to 17.03.2025. Prior thereto, in 2023, Kiaan visited Doon
    School, Dehradun, from where Sunjay had done his schooling and thereafter
    both proceeded for a holiday to Rishikesh. In July, 2024, Sunjay took Kiaan
    to see some parcels of land in United Kingdom, which he was proposing to
    buy. Both Samaira and Kiaan were always a part of most of the important
    events in Sunjay’s life which included his 50th birthday in 2021; NSE and
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    BSE listings in Mumbai for M/s Sona BLW Precision Forging Limited
    (‘Sona Comstar’); and celebration of completion of 25 years of Sona
    Comstar.

    5. It is stated that Sunjay and Karisma were equally and fully involved in
    the day-to-day affairs and needs of Samaira and Kiaan related to their
    education, hobbies, courses and travel etc. Sunjay was constantly guiding
    the children about educational courses, possible career prospects and
    passions they could pursue and often discussed his businesses and assets,
    both personal and also those part of the Family Trust and re-assured that
    being beneficiaries of several assets, they had no reason to be financially
    insecure. Around April-May, 2025, Sunjay informed Karisma, Samaira and
    Kiaan that he had acquired assets in Europe and was in the process of
    applying for and obtaining Portuguese citizenship for the children as his
    dependents, owing to tax benefits on inheritance. In fact, Power of Attorneys
    were executed by Samaira and Kiaan for this purpose and copies were sent
    to Sunjay’s representative on 07.06.2025 on WhatsApp, followed by the
    original.

    6. It is stated that the unexpected turn of events on 12.06.2025 left
    Karisma, Samaira and Kiaan in a state of shock when they heard of the
    untimely demise of Sunjay. All the three reached England on 14.06.2025
    and later left for India for Sunjay’s last rites. While in England, Priya on her
    own informed Karisma, Samaira and Kiaan that Sunjay had not left any Will
    and all assets were part of the RK Family Trust (‘Trust’) as also that some
    regulatory forms were required to be filled in relation to the Trust, however,
    no document was shared by her. Karisma, Samaira and Kiaan attended the
    funeral and all other ceremonies and the final rites of Sunjay were
    performed by Kiaan, being his eldest son.

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    7. It is stated that on 07.07.2025, Priya informed Karisma that Samaira
    and Kiaan were required to attend the Annual General Meeting (AGM) of
    Sona Comstar on 25.07.2025 and Form BEN-1 in respect of five companies
    was to be signed, since they were the beneficiaries of the Trust albeit at that
    time, they did not have a copy of the Trust Deed. Samaira and Kiaan were
    told that their accountant should contact one Mr. Dinesh Agarwal (‘Dinesh’)
    who was CFO and Director of a company called Aureus Investment Private
    Limited (‘AIPL’) for documentation, however, despite contacting Dinesh
    many times on 11.07.2025 and 12.07.2025, no documents were shared.
    Subsequently, Karisma was informed that there was no requirement to
    attend the AGM.

    8. It is averred that in furtherance of the decision between the parties to
    have a joint meeting with legal advisors, Priya organised a meeting on
    30.07.2025 at Taj Mansingh Hotel in Delhi to discuss matters relating to the
    Trust. The meeting was attended by Karisma, Samaira and Kiaan along with
    their legal advisors, Priya and her legal advisors as also Shradha, Dinesh and
    Mr. Nitin Sharma (‘Nitin’). At the start of the meeting, Samaira and Kiaan
    were asked to sign a declaration of confidentiality, whereby they could share
    any information with prior permission of Priya, which they refused to sign.
    Thereafter, Shradha flashed a document in her hand, purportedly a Will
    executed by Sunjay on 21.03.2025, in which she was named as the Executor
    and declared that she had learnt of the Will on the previous day i.e.,
    29.07.2025 from Dinesh and Nitin, who were attesting witnesses in the
    document. She hurriedly read some parts of the document, which conveyed
    that the entire personal assets of Sunjay had been bequeathed entirely to
    Priya, to the exclusion of Samaira and Kiaan and even Rani. She refused to
    share the copy of the document and the meeting ended.

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    9. It is stated that on 22.08.2025, Karisma addressed an e-mail to
    Shradha asking her for copy of the alleged Will, in response to which on
    26.08.2025, Shradha sent an e-mail stating that it was a confidential and
    private document and only inspection will be allowed subject to signing a
    Declaration of Confidentiality, which was objected to vide e-mail dated
    08.09.2025, since being Class-I legal heirs children could not be denied
    access to the document. However, the purported Will was not shared and
    thereafter, present suit was filed.

    10. By the present application, Plaintiffs seek interim injunction
    restraining Priya and all those acting on her behalf from creating any lien,
    charge, encumbrance, mortgage or third party interests in or otherwise
    dealing with, transferring or disposing of, in whole or in part, the estate
    (movable and immovable), left behind by Sunjay, pending the disposal of
    the present suit. Multiple contentions were canvassed on behalf of all
    parties, which are encapsulated in brief hereunder:-

    CONTENTIONS ON BEHALF OF PLAINTIFFS

    11. Samaira and Kiaan are Class-I heirs of Sunjay and have a vested right
    to their respective 1/5th share in his estate under the law of succession since
    Sunjay died intestate. Priya has propounded the alleged Will dated
    21.03.2025, wherein she is the sole beneficiary, but the document is clearly
    forged, fabricated and unregistered and is propounded only to deprive
    Samaira and Kiaan of their legitimate shares in their father’s estate and
    hence, till the Will is proved by Priya in accordance with law and pending
    disposal of this suit, assets of Sunjay, both movable and immovable, must be
    preserved. It is settled law that in exercise of powers under Order XXXIX
    Rules 1 and 2 CPC, Court can grant all interim reliefs and protections which
    are necessary to preserve the subject matter of the suit and prevent abuse of
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    process of law. Interim relief sought is preventive in nature and intended to
    maintain status quo on Sunjay’s vast estate so that assets do not dissipate
    and fait accompli is not created and must be construed purposively and not
    pedantically. At this stage, if assets are alienated by Priya basis the forged
    Will and third party rights are created, irreparable damage and harm shall be
    caused to the Plaintiffs but if the assets are preserved, no prejudice will be
    caused to Priya. Balance of convenience also lies in favour of Samaira and
    Kiaan, being Class-I legal heirs.

    12. It is trite that ordinarily, Will has to be proved like any other
    document and is required to be attested by two attesting witnesses of which
    one attesting witness must prove the execution, if alive and capable of
    giving evidence. The initial onus lies on the propounder to prove the
    genuineness of the Will and the onus is primarily discharged on proof of
    facts which are essential to the making of the Will. However, if suspicious
    circumstances surround the Will, then the case stands on an entirely
    different footing and this makes the onus heavier on the propounder, which
    he/she must discharge before the document can be accepted as last Will of
    the Testator. In the present case, the alleged Will is shrouded in suspicious
    circumstances and Priya will have to lead evidence at the stage of trial to
    remove all the legitimate suspicious circumstances and thus during the
    pendency of the suit, other Class-I legal heirs are entitled to seek
    preservation of Sunjay’s assets. [Ref: H. Venkatachala Iyengar v. B.N.
    Thimmajamma and Others
    , 1958 SCC OnLine SC 31; Kavita Kanwar v.
    Pamela Mehta and Others
    , (2021) 11 SCC 209; Shivakumar and Others v.
    Sharanbasappa and Others, (2021) 11 SCC 277; and Bharpur Singh and
    Others v. Shamsher Singh
    , (2009) 3 SCC 687].

    13. Gravamen of the case of Samaira and Kiaan is that the alleged Will is
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    fabricated and surrounded by grave and suspicious circumstances and once
    the Will is questioned, no reliance can be placed on the document by Priya,
    until the same is probated. There are several circumstances which are
    pointers to the truth of assertions made by the Plaintiffs that Sunjay did not
    execute the document purported to be his testamentary disposition. In the
    first interaction with Priya in England soon after the demise of Sunjay, she
    categorically told Karisma that Sunjay had not left behind any Will and
    Samaira and Kiaan will be required to sign some documents being the
    beneficiaries under the Trust. However, later in the meeting held on
    30.07.2025 at the Taj Mansingh Hotel, there was a shocking revelation of
    the alleged Will, which was hurriedly read out by Shradha, but copy was not
    shared. Shradha specifically stated that she was made aware of the Will only
    a day before i.e., 29.07.2025 by Dinesh and Nitin and this factual statement
    made by Karisma in her e-mail dated 22.08.2025 to Shradha was not
    disputed by her in reply e-mail dated 26.08.2025.

    14. In the first purported e-mail by Dinesh to Shradha sent on 14.06.2025,
    he attached copy of the Trust Deed and not the Will. Shradha responded
    vide e-mail dated 15.06.2025 and sought the original Will as an executor
    and also enquired the name of the lawyer who had drafted. Shradha is stated
    to be a close friend of Sunjay for over two decades as also an executor, yet
    she did not know about the existence of the Will until 29.07.2025 and/or its
    draftsman. As per material on record, Dinesh never responded to this e-mail.
    It was only during one of the hearings in Court that a position was taken that
    Will was drafted by Nitin and not a lawyer, an assertion not found anywhere
    in the pleadings in the first instance. In Smt Jaswant Kaur v. Smt Amrit
    Kaur and Others
    , (1977) 1 SCC 369, the Supreme Court held that lack of
    evidence on who drafted the Will and who typed it, is a suspicious
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    circumstance. It was also observed that normally executors are not appointed
    without their consent or at least without prior consultation. Both these
    anomalies assume greater significance in this case since Sunjay was a highly
    educated and well read person with a legal team and there was no reason for
    him to ask Nitin to draft his Will as also not inform or consult Shradha
    before alleged execution when she is stated to be an old friend. Moreover,
    Nitin has not stated in his affidavit dated 13.10.2025 that he drafted and
    prepared the Will. Clause 3 of the Will ordained Shradha to probate the Will
    and if the Will was genuine, she ought to have acted accordingly, which she
    has not done till date, despite it being challenged.

    15. Shradha purportedly sent an e-mail to Priya on 24.06.2025 informing
    her of the receipt of the original Will as also seeking information if the Will
    was registered and/or probated. The e-mail is conspicuously silent on who
    delivered the original document to her as also the time and place of delivery.
    Additionally, if Shradha had custody of the original Will, she would have
    known from paragraph 3 thereof that the Will was not registered/probated
    and as an executor she was authorised to collect all assets and defray
    therefrom various expenses for administration including for obtaining a
    probate of the Will such as Court fees, Attorney fees etc.

    16. The chain of custody of the purported original Will casts a further
    cloud on the document propounded. Priya’s case is that the Will was created
    on a device controlled by Nitin on 10.02.2025 and was later modified on the
    same device on 17.03.2025 and finally executed on 21.03.2025 in front of
    two witnesses, Dinesh and Nitin in the office of AIPL, Gurgaon albeit in the
    affidavits, the two witnesses have not disclosed the place where the Will was
    executed. After the execution, Will was purportedly scanned by Nitin and a
    PDF file was created on 24.03.2025 and on the same day he sent an
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    e-mail to Dinesh, attaching copy of the Will. There is not a whisper in the
    pleading as to who delivered the hard copy of the original Will to Dinesh.
    Nitin’s attesting affidavit is silent on when and how Dinesh got the original
    Will. There is also a glaring contradiction on how the original came into the
    custody of Shradha. Shradha has stated in her written statement that original
    Will was handed over to her on 24.06.2025 by Dinesh but in her e-mail
    dated 26.08.2025, which was in response to Karisma’s e-mail dated
    22.08.2025, she did not contest the assertion that in the meeting held on
    30.07.2025, Shradha had informed all presents therein that she had received
    the Will only on 29.07.2025 from Dinesh. Priya, on the other hand, asserts
    in paragraph 15(c) of her written statement that original Will was handed
    over to Shradha by Priya herself on 24.06.2025. Affidavit of Dinesh is silent
    in this regard and date of 24.06.2025 is itself suspect, given that this was a
    date of Rasam Pagdi of Kiaan on the occasion of Tervi ceremony of Sunjay
    at Rajokri House in Delhi. If this plea is to be accepted, it would also imply
    that during the Tervi ceremony when family and friends were mourning the
    tragic death of Sunjay, handing over of Will was taking place, wherein even
    Kiaan was disinherited. There is an unexplained vital gap in the chain of
    custody of the original Will.

    17. The computer device, of which screenshot has been filed and on
    which the Will is claimed to have been prepared, belongs to Nitin. The draft
    of the Will prepared on 10.02.2025 is stated to have been modified on
    17.03.2025 at 11:14:54. Albeit the reason for modification was not disclosed
    in the pleadings and it was only revealed during the course of hearing that
    the draft was modified to include the name of Ms. Safira Chatwal (‘Safira’)
    Priya’s daughter from her first marriage as also the name of the executor, the
    date of 17.03.2025 itself reveals the falsity of Priya’s stand inasmuch as on
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    the said day, Sunjay was in Goa on a holiday trip with Kiaan and travelled to
    Delhi later in the day after he learnt that Rani had fallen and hurt herself. In
    these circumstances, it is inconceivable that Sunjay was suggesting
    modifications to a Will on 17.03.2025, wherein he had disinherited both the
    persons whom he loved so much and cared for. Most importantly, there is no
    sign of any response from Sunjay in the entire trail of preparation,
    modification and/or execution of the final document either through e-mail or
    a message in the WhatsApp group of Sunjay, Priya and Dinesh, where he
    allegedly approved the final draft.

    18. The stated theory of modification in the Will is also false and
    fabricated and this is clearly evident from the glaring errors in the Will,
    which are on very fundamental aspects. Illustratively, name of Sunjay’s son
    is misspelt as ‘Master Azrias’ instead of ‘Master Azarias’ and the
    declaration clause refers to the male Testator as ‘Testatrix’ and ‘her’. The
    document mentions incorrect residential address of Samaira and Kiaan,
    where Sunjay stayed several times when he visited Mumbai. There is a
    reference in the Will to a schedule of artworks but there is no such schedule
    appended to the Will and the Will refers to three bank accounts while listing
    six bank accounts. The document also incorrectly identifies Safira as
    Sunjay’s daughter. With Sunjay’s known educational and family
    background, fluency in English, business experience etc., there was no way
    that he would have made such fundamental errors in the first place and then
    overlooked the same while suggesting modifications, if Priya is to be
    believed. Sunjay was very meticulous in documentation and was handling
    and managing a large empire and business and could never have signed on a
    document with such blatant errors, especially, when it was his own
    testamentary disposition.

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    19. The disposition is completely unnatural, considering that all Class-I
    heirs, except Priya have been excluded and that too in the backdrop of
    the facts and circumstances of this case. Sunjay was with Samaira in
    Boston shortly before 10.02.2025 and was with Kiaan on 17.03.2025, on
    which day he rushed to Delhi on learning of Rani’s fall, cutting short his
    trip. On 21.03.2025, Karisma, Samaira and Kiaan were in constant
    touch with Sunjay on calls, as pleaded in paragraph 40 of the plaint
    and corroborated by texts of WhatsApp messages as also timing of the calls
    and call durations. It would be wholly unnatural for Sunjay to execute
    a Will excluding the Plaintiffs as beneficiaries/legatees to his personal
    estate, while he was engaging with them with such fondness,
    affection and concern. Priya has not denied the calls in her written
    statement knowing that the original devices i.e., mobile phones will
    substantiate this position. In fact, Priya is in possession of Sunjay’s mobile
    phones and can verify these calls and the messages exchanged,
    unless messages been deliberately deleted. Equally unbelievable is the
    exclusion of Rani, looking to the unconditional love and respect Sunjay had
    for his mother and knew that his estate was largely built from her husband’s
    assets.

    20. The alleged execution of the Will is itself surrounded by suspicious
    circumstances. Priya has asserted in the written statement that the Will was
    executed on 21.03.2025 by Sunjay in presence of Dinesh and Nitin at the
    office of AIPL, Gurgaon and she was also present at the time. Neither of the
    attesting witnesses have stated in their attestation affidavits that the Will was
    executed in Gurgaon, much less at AIPL’s office. In fact, neither Sunjay nor
    Priya were present in Gurgaon on 21.03.2025 and this will be eventually
    proved during trial. As of now it is sufficient to note that even the attesting
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    witnesses have not stated in their affidavits that Sunjay had signed the Will
    in their presence.

    21. Other suspicious circumstances shrouding the Will are: (a) Priya, who
    has played a prominent role in the making of the Will, is the propounder,
    custodian and sole beneficiary of the Will; (b) there is complete silence on
    what transpired between 10.02.2025, when the Will was allegedly created
    and 17.03.2025, the date of alleged modification; (c) signatures of Sunjay do
    not match with his actual signatures and the forgery is evident from a bare
    look at the document with a naked eye; (e) a document purporting to dispose
    of a substantial estate of a well-educated and well-read person such as
    Sunjay is unregistered; (f) the document is neither executed on non-judicial
    stamp paper nor notarized; (g) a very crucial fact is missing in the pleadings
    as to who drafted the alleged Will; and (n) document is purportedly created
    on 10.02.2025 on Nitin’s computer and screenshot shows it was imported
    from some other device but the source is not disclosed.

    22. Both the attesting witnesses Dinesh and Nitin are interested persons.
    Dinesh is a Director while Nitin is the Additional Director in AIPL, a
    holding company of Sona Comstar. Dinesh facilitated and played an active
    role in appointment of Priya as Managing Director (MD) of this company on
    20.06.2025 with a lucrative salary of Rs. 1 crore per month, perquisites upto
    Rs. 50 lakhs per annum and performance bonus, apart from other facilities
    such as vehicles, house etc. This appointment was a step towards gaining
    unlawful control over substantial assets of the Trust and needless to state for
    mutual benefit of both. Dinesh and Nitin also aided in misappropriating
    Sunjay’s assets from the time of his death, starting from the monies lying in
    the banks and Demat Account. Form MGT-14, downloaded from MCA’s
    website and filed as Document No.8 with the plaint, evidences that notice
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    was issued on 18.06.2025, one day before Sunjay’s cremation, calling for
    Board meeting of AIPL on 20.06.2025 under Section 196 of the Companies
    Act, 2013, for appointment of MD and Priya was appointed. Strangely,
    while the Minutes of Shareholders’ Meeting purportedly called on
    18.07.2025 at 12:30 PM, which are part of MCA records and in which there
    is a reference to Minutes of Meeting of Board of Directors of AIPL held on
    20.06.2025, reflect that appointment of Priya was as a Director in AIPL
    against a Casual Vacancy owing to death of Sunjay, but the actual Minutes
    of 20.06.2025 show that Priya was appointed as a MD with financial pay out
    and not as a Director in a Casual Vacancy under Section 161(4) of the
    Companies Act, 2013. Pertinently, neither notice of the meeting of
    shareholders was given to Samaira and Kiaan nor the identity of the
    shareholders was disclosed and for an obvious reason that these
    meetings were never convened and Priya’s appointment was an outcome of
    a well planned and orchestrated conspiracy between her, Dinesh and
    Nitin and to cover up the misdeeds, a paper trail was created. Nitin was also
    given a lucrative appointment as Additional Director in AIPL on
    02.08.2025, just two days after the meeting on 30.07.2025 at a hotel, where
    Samaira and Kiaan were present but were not informed of the intended
    appointment.

    23. Even the monies were withdrawn by Priya in connivance with the
    attesting witnesses. Documents No. 62 and 63 filed by Priya make it evident
    that Dinesh filled the forms for withdrawal of money from the accounts in
    Kotak Mahindra Bank and curiously though the forms were filled in August,
    2025, the amounts were appropriated by Priya as a nominee and not as a
    legatee under the Will, which was allegedly signed and witnessed earlier on
    21.03.2025.

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    CONTENTIONS ON BEHALF OF DEFENDANT NO.3/RANI

    24. Present suit and interlocutory application have been filed by Samaira
    and Kiaan owing to sudden demise of their father on 12.06.2025 and
    compelled by the unlawful and unexpected actions taken by Priya to take
    exclusive control of the business and assets of Sunjay, basis a purported
    Will dated 21.03.2025, whereby all other Class-I heirs have been divested
    from their shares in Sunjay’s estate. Under the applicable provisions of
    Hindu Succession Act, 1956 (‘1956 Act’), Rani, Samaira, Kiaan, Priya and
    Azarias are all Class-I legal heirs of Sunjay. The Kapur Family Chart is as
    follows:-

    25. Rani being one of the natural Class-I heir of Sunjay has a legal right
    to succeed to his personal estate since he died intestate. All assets forming
    part of the estate of Kapur Family including the assets of Sunjay including in
    the alleged Will were created, acquired and/or developed entirely out of the
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    wealth, funds, resources and estate belonging to Surinder, who began his
    entrepreneurial journey in 1980s in the automative industry, incorporating
    various companies that today form the renowned Sona Group. In 2006,
    Sunjay was inducted into the already flourishing business and appointed as
    Director in AIPL. Unfortunately, on 30.06.2015 Surinder died but by a Will
    dated 06.02.2013 he bequeathed all movable and immovable assets, held
    exclusively by him, in favour of Rani and hence, she is the true owner of all
    properties, investments and holdings forming part of the entire estate, since
    she never divested herself of any asset by way of Trust or otherwise. After
    the demise of Surinder, Rani was appointed as Chairperson of AIPL and
    Sona Comstar, however, due to her old age she entrusted Sunjay with the
    responsibility to manage the day-to-day affairs of Sona Group.

    26. Surinder never approved of Sunjay’s relationship with Priya till he
    was alive albeit he had not met her. While Sunjay was married to Karisma,
    he developed a relationship with Priya but Surinder was not in a favour of
    the two getting married since Sachdev Family did not enjoy a good
    reputation and also that he was deeply disapproving of Priya’s conduct and
    demeanour. Consequently, till he was alive they did not marry and it was
    post his demise that the marriage was solemnized on 13.04.2017. The
    marriage was however not successful as Priya and Sunjay had repeated
    fights over every other issue and from 2023 onwards things worsened. Priya
    projected to the public as if she played a pivotal role in forming a
    harmonious blended family but the fact was that she constantly complained
    to Rani regarding visits of Karisma to their house as also her accompanying
    them on vacations. In these circumstances, it is improbable that Sunjay
    would have made Priya the sole beneficiary of his entire personal estate, to
    the exclusion of Samaira and Kiaan as also Rani.

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    27. The circumstances in which Sunjay died on 12.06.2025 remain
    suspect till date. When Sunjay passed away suddenly while playing a Polo
    match in UK, only Priya was present with him and it is her narrative that a
    bee sting had caused a cardiac arrest. Priya did not even attempt to seek
    proper investigation into the true cause of death, which was so sudden and
    untimely. Strangely, instead of mourning Sunjay’s death, she got busy in
    securing Board positions and appointments in various entities associated
    with Sunjay in connivance with Dinesh and Nitin. Even the post-mortem
    report was not shared by Priya with Rani. She hurriedly manoeuvred to get
    herself appointed as Director of AIPL on 13.06.2025 itself, which is the very
    next day of Sunjay’s death. She was appointed as MD of AIPL on
    20.06.2025 i.e., within 7 days of the death and next day of the funeral and
    soon thereafter, as Additional Director of Sona Comstar on 23.06.2025,
    when the entire family was mourning and was in deep shock and grief due to
    untimely demise of Sunjay. In fact, taking undue and unconscionable
    advantage of Rani’s grief, vulnerability and diminished capacity, Priya
    coerced and defrauded Rani to execute several documents, the contents and
    implications of which were neither explained to her nor understood by her.

    28. The alleged Will was forged and fabricated by Priya in connivance
    with Dinesh and Nitin and the unnatural disposition excluding and
    disinheriting Samaira, Kiaan and Rani and depriving them of their legitimate
    inheritance, is suspicious considering the bond of love between them. The
    purported signatures of Sunjay on the Will are forged, a fact which will
    come true after evidence is led by the parties. Will is unregistered and
    neither notarized nor stamped. Sunjay was highly educated and extremely
    meticulous with documentation in the ordinary course of things. He was
    advised by a legal team compromising of competent professionals, on both
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    personal and business matters and it is most unexpected of him to have
    executed and signed on a Will with glaring spelling mistakes and other
    blatant errors as fundamental as errors in the spellings of his son’s name or
    reference to Safira as his daughter or ‘Testatrix’ and ‘her’ instead of
    ‘Testator’ and ‘him’. The fact that Nitin was awarded by appointing him as a
    Director in AIPL on 02.08.2025 speaks volumes of the collusion between
    Priya, Dinesh and Nitin to usurp all assets of Sunjay and deprive the other
    heirs of their legitimate rights.

    29. The list of personal assets owned by Sunjay on the date of his demise
    filed by Priya is incomplete, inaccurate and misleading. Sunjay owned
    substantial assets, both in India and abroad and the assets disclosed are not
    even close to what he actually owned and possessed such as several luxury
    watches of Omega and Rolex brands, more than 20 fine arts in the house,
    horses, illustratively. The crypto accounts disclosed by Priya are
    unbelievably valued at approximately Rs.1.29 crores and the bank accounts
    show meagre deposits of Rs.1.72 crores only. These assets can be only a
    miniscule percentage of assets of a person whose yearly income was Rs.60
    crores from AIPL alone for financial year 2024-2025, in addition to
    income/salary from other companies and dividends from Sona Comstar. It is
    unfathomable that a man of Sunjay’s stature and high net worth will have no
    life insurance policies, Key Mans Insurance Policy, mutual funds,
    investments in stock markets etc. and in any event, his investments in
    various startups and rental incomes were publicly known. The list also does
    not include several immovable properties, which amounts to concealment. It
    is also learnt that family members and friends of Priya have started
    siphoning off the assets and Sachdev Family is actively engaged in acquiring
    assets in India and abroad using funds of Kapur Family.

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    30. The alleged Will was purportedly executed in Gurgaon on 21.03.2025
    with the sole beneficiary being Priya. There is a wide gap in the pleadings
    on the chain of custody inasmuch as it is unknown how the signed Will was
    handed over to Nitin and then to Dinesh and thereafter to Priya. In fact,
    Sunjay was travelling abroad on the same day as the date of execution of the
    Will. Dinesh hurriedly sent an e-mail to Shradha on 14.06.2025 sharing
    copy of the alleged Will and requesting her to execute the same at a time
    when the rest of the family was in UK and even post-mortem had not taken
    place. There is no explanation for the haste shown and no plausible reason
    for attaching a Trust Deed with the e-mail instead of the alleged Will in the
    first instance. E-mail fails to disclose how Dinesh got the coordinates of
    Shradha and/or who authorized him to correspond with her sans any
    instruction from the family members. Dinesh in his e-mail to Rani sent on
    17.06.2025 stated that he was not working with or associated with Kapur
    Family until 2022, which contradicts the stand taken by Priya that Dinesh
    was closely associated with the family since 1998. Will was disclosed to
    Samaira and Kiaan on 30.07.2025 but shockingly not to a mother.

    31. Priya’s repeated stand that Samaira and Kiaan are beneficiaries under
    the Trust and have received shares worth Rs. 1900 crores, which explains
    and justifies their disinheritance from Sunjay’s estate, is wholly
    misconceived and factually false. Admittedly, Rani is the Settler of the Trust
    and therefore, neither Priya nor Sunjay can have any role in granting those
    shares to the children albeit as a matter of fact, they have never received the
    said amount.

    32. Priya’s argument to justify the exclusion of Rani from the Will that it
    is family tradition, is preposterous to say the least. The comparison between
    Surinder’s Will with the alleged Will of Sunjay is wholly inapt. Rani and
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    Surinder were happily married for 45 years and she was his only wife, in
    comparison to Priya, who was married for 7 years and has the history of
    broken marriages and moreover, Priya and Sunjay had an unhappy marriage
    since 2023 and were consulting marriage counsellors.

    33. The Will is alleged to be executed at Gurgaon in presence of two
    attesting witnesses at the office of AIPL. However, affidavits of both
    attesting witnesses do not specify the place of execution and there is no
    material on record which substantiates presence of Priya in the office at the
    time of execution of the alleged Will. Strangely, the Will states that it is in
    supersession of earlier Wills and testaments, however, in e-mail dated
    26.06.2025 sent by Priya to Shradha, she confirms that the alleged Will is
    the only and last Will of Sunjay.

    34. It is trite that burden to prove a Will lies squarely on the propounder,
    who must establish its due execution, the testamentary capacity of the
    Testator and be compliant with provisions of Section 63 of the Indian
    Succession Act, 1925 (‘1925 Act’) and Section 68 of Indian Evidence Act,
    1872 (‘1872 Act’). In Niranjan Umeshchandra Joshi v. Mrudula Jyoti Rao
    and Others
    , (2006) 13 SCC 433, the Supreme Court held that where
    suspicious circumstances attend the execution of the Will, such as exclusion
    of natural heirs, unnatural dispositions, secrecy, active involvement of
    beneficiary etc., the burden on the propounder becomes substantially heavier
    and mere proof of signature or attestation is insufficient. In such a case,
    propounder must dispel all legitimate suspicious circumstances by clear,
    cogent and satisfactory evidence so as to satisfy the conscience of the Court
    that the will represents the free and voluntary act of the Testator, before the
    document is accepted as a will.

    35. Priya has taken an objection to the jurisdiction of this Court to deal
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    with foreign assets of Sunjay, but the same is devoid of merit. Section 16
    CPC deals with jurisdiction of Courts pertaining to various suits, including
    partition of immovable property and provides that suits for partition shall be
    instituted in the Court within the local limits of whose jurisdiction the
    property is situate. Proviso to the Section is an exception and stipulates that
    the suit can be instituted even where the property is not situated, if the relief
    can be entirely obtained through personal obedience of the Defendant and
    since in the instant case, admittedly Priya resides in Delhi, the relief can be
    obtained through her personal obedience. The Supreme Court in Harshad
    Chiman Lal Modi v. DLF Universal Ltd. and Another
    , (2005) 7 SCC 791,
    held that Proviso to Section 16 will be applicable, where the relief sought
    can be entirely obtained through personal obedience of the Defendant and is
    based on the maxim ‘equity acts in personam’ which in turn is based on the
    principle that Courts can grant relief in respect of immovable property
    situate abroad by enforcing their judgments by process in personam i.e., by
    arrest of the Defendant or by attachment of his/her property.
    To the same
    effect are the observations of the Supreme Court in Rohit Kochhar v. Vipul
    Infrastructure Developers Ltd. and Others
    , 2024 SCC OnLine SC 3584.

    36. Priya has made all efforts to exclude Rani from the affairs of Sona
    Comstar and to siphon off and misappropriate monies/assets left behind by
    Sunjay. Even the post-mortem report dated 28.06.2025 was not shared with
    Rani, who is the mother of the deceased. The report was purportedly sent on
    WhatsApp on 01.08.2025, which stand assuming to be correct, is rather
    strange as the gap between the date of the report and sending the same to the
    mother is over a month. In fact, Priya falsely informed employees of Sona
    Group that e-mail ID of Rani had been hacked and compromised and this
    was to ensure that all information and documents pertaining to business and
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    Kapur family were withheld from Rani. Multiple e-mails were sent by Rani
    to Priya, Dinesh and Nitin asking for copy of the alleged Will and other
    financial information but the same was denied on the pretext that the e-mail
    had been compromised and hence, it was not secure to share documents and
    any information. Out of the five bank accounts of the deceased disclosed in
    the List of Assets, two of them were closed by Priya and all monies from
    remaining three banks were transferred to herself at an extraordinary speed
    and after having done so, the alleged Will was disclosed. In light of all these
    suspicious circumstances in which the alleged Will is shrouded, an
    interlocutory injunction needs to be granted to preserve the assets of Sunjay
    pending the partition suit, filed at the instance of Class-I legal heirs of the
    deceased seeking share in their father’s estate.

    CONTENTIONS ON BEHALF OF DEFENDANTS NO.1 AND 2

    37. Without prejudice and without entering into the merits of the case,
    Priya has taken a stand in her written submissions that she has no intention
    to create third party interests in the Indian assets forming part of the estate of
    Sunjay viz. (a) shares in three Indian companies; (b) employees provident
    fund amounting to Rs.5,22,53,980/-; (c) various personal effects, including
    watches and jewellery; and (d) various artworks and will not sell or alienate
    or create third party rights in these assets, without the leave of the Court. As
    regards money lying deposited in the accounts of the two Indian Banks,
    cumulatively amounting to Rs. 1,73,52,930.39/-, Priya will only withdraw
    money to the extent of discharging the liabilities relating to: (i) balance
    repayment of loans amounting to Rs. 18,63,41,085.97/- cumulatively as on
    12.06.2025; (ii) expenses on higher education of Samaira and Kiaan,
    whether in India or overseas including expenses for boarding, lodging and
    travel and payments towards 50% of their marriage expenses, which Sunjay
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    was required to do under the divorce decree between Karisma and Sunjay;
    and (iii) expenses towards administration of the Will including expenses
    incurred in obtaining probate, Court fees, Attorney fees etc. Hence, no
    interim relief is warranted in these circumstances.

    38. Insofar as, foreign assets of Sunjay, as brought forth in the pleadings
    and the List of Assets are concerned, this Court lacks jurisdiction to pass any
    order, much less interlocutory order. Samaira and Kiaan have invoked
    territorial jurisdiction of this Court inter alia on the grounds that one of the
    assets of Sunjay is the shares of a company with registered office at Delhi,
    Defendants reside in Delhi and Sunjay was domiciled in Delhi as also that
    the meeting in which they learnt of the alleged Will was held at Delhi on
    30.07.2025. This stand is, however, misconceived in light of Section 16(b)
    CPC which provides that suits for partition of immovable property are
    required to be instituted in the Court within the local limits of whose
    jurisdiction the property is situate. Proviso to Section 16 stipulates that a suit
    to obtain relief in respect of or compensation for wrong to immovable
    property held by or on behalf of the Defendant, where relief can be entirely
    obtained through personal obedience of the Defendant, may be instituted
    either in the Court in whose jurisdiction the property is situate or where
    Defendant resides or carries on business or personally works for gain.
    However, Explanation to Section 16 expressly provides that ‘property’ as
    referred to in the Section ‘means property situate in India’ and therefore, it
    is clear that immovable property referred to in Section 16(b) as also the
    Proviso, is property situate in India and not immovable property outside
    India. Under well settled principles of Private International Law, questions
    of title, partition etc., in respect of immovable property can only be
    determined by Courts in whose jurisdiction the property is situate and as per
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    applicable laws of that country. [Ref.: R. Viswanathan and Others v. Rukn-
    ul-Mulk Syed Abdul Wajid Since Deceased and Others, 1962 SCC OnLine
    SC 112; M.Y.A.A. Nachiappa Chettiar v. M.Y.A.A. Muthukaruppan
    Chettiar and Five Others
    , 1945 SCC OnLine Mad 310; and Abdullabhoy
    Esoofally Chas and others v. Akberally Samsuddin Raja and others
    , 1943
    SCC OnLine Bom 39]. Therefore, this Court cannot direct partition qua
    immovable assets of Sunjay situated in a foreign jurisdiction and thus no
    interlocutory injunction can be granted in aid thereof.

    39. It is equally settled that interlocutory orders can only be granted in aid
    of final orders. In the plaint, Samaira and Kiaan have sought relief of
    declaration of title inter alia in relation to foreign estate of Sunjay, which
    declaration is beyond the jurisdiction of this Court and consequently, the
    preliminary and final decrees of partition will also be beyond the
    jurisdiction. Relief of permanent injunction sought in paragraph 56(e) of the
    plaint is consequential to the aforesaid prayers and cannot survive
    independently and hence, temporary injunction cannot be granted.
    Moreover, Sunjay, Priya and Azarias as also Samaira and Kiaan are all
    American citizens and thus personally subject to jurisdiction of the US
    Courts and Senior Counsel for Samaira and Kiaan conceded to this position
    of law in the hearing on 09.12.2025. The interlocutory prayer is beyond the
    reliefs sought in the plaint and hence, what cannot be granted directly cannot
    be granted indirectly. If Court grants any relief with respect to immovable
    assets in the foreign jurisdiction, the impact will be to restrain Priya from
    relying on the Will in legal proceedings in foreign jurisdictions including in
    probate proceedings qua foreign assets of Sunjay and would amount to anti-
    suit injunction, contrary to the principle of comity of Courts. Reliance on
    Proviso to Section 16 by Rani is misplaced inasmuch as Courts have
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    consistently held that Section 16 bars the jurisdiction of the Court to
    entertain a suit in respect of immovable property, which is situate outside its
    jurisdiction and the only amendment to the Section so far is the substitution
    of the words ‘British India’ to ‘India’ in 1951.

    40. In any event, there is no prayer in the suit to declare the Will dated
    21.03.2025 null and void and the question whether Samaira and Kiaan are
    entitled to share in Sunjay’s estate is yet to be adjudicated. Albeit it is
    admitted in the plaint that Plaintiffs were aware of the existence of the
    Will before the filing of this suit and Will was disclosed during the first
    hearing itself, till date no application has been filed for amendment of the
    plaint. Relief of injunction at this stage in favour of Samaira and Kiaan
    will require the Court to render a prima facie finding that they are entitled to
    a share in the estate of Sunjay and the Will is prima facie invalid,
    which cannot be done at this stage and is a matter of trial. Moreover,
    shares of Indian companies already stand transferred to Priya being the
    nominee designated by Sunjay and any interim order with respect to the
    shares, will amount to passing an order status quo ante, which is
    impermissible.

    41. Will dated 21.03.2025 is the last and final testament of Sunjay,
    whereby he has bequeathed his entire personal estate in favour of Priya as
    his sole beneficiary. Priya is Sunjay’s widow and disposition of properties in
    her favour is only natural, more particularly, looking at the family tradition
    where Surinder had willed his estate in favour of Rani. There are no
    suspicious circumstances surrounding the Will. Will was duly executed by
    Sunjay in sound state of mind and he had the testamentary capacity to do so.
    Will is attested by two attesting witnesses, both of whom have filed
    affidavits in this regard. Therefore, Priya has discharged the onus of proving
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    the Will in consonance with the requirements of Section 63 of 1925 Act and
    Section 68 of 1872 Act.

    42. The sequence of events and documents on record clearly indicate and
    substantiate the steps taken by Sunjay in executing the Will as also the chain
    of custody of the original Will dated 21.03.2025 and are sufficient at this
    stage to prove its genuineness. On 10.02.2025, draft of the Will was
    prepared as word document and screenshot of the properties section of the
    word document fortifies that the draft was prepared at 15:10:16 IST on
    Nitin’s device. On 17.03.2025 certain modifications were carried out in the
    Will to include the names of Safira and the executor and this is also
    demonstrated from the screenshot of the word document which evidences
    modification on Nitin’s device at 11:14:54 IST. Will was executed by
    Sunjay on 21.03.2025 at AIPL’s office in presence of two attesting
    witnesses Nitin and Dinesh, where Priya was also present. PDF version of
    scanned copy of the Will was created on 24.03.2025 at 10:06 AM, which
    can be seen from the screenshot of the properties section of the PDF
    document. On the same day at 10:10 AM, Nitin shared executed copy of the
    Will with Dinesh through an e-mail. Screenshots show that the document
    attached to this e-mail is the same as the Will filed before the Court. Dinesh
    shared the executed Will on WhatsApp group named ‘Family Office IC’
    including Sunjay, Dinesh and Priya on 24.03.2025 at 10:15 AM. Video
    showing opening of the document circulated on the WhatsApp group has
    been filed on record. Sunjay saw the WhatsApp message on the group on
    24.03.2025 at 05:01 PM and in his message sent on the same day, Dinesh
    stated ‘Sir, Above is signed will for both. I will hand over the original
    documents to you in our next meeting’. On 01.04.2025, Dinesh met Sunjay
    and Priya at Rajokri Farms and handed over the original Will to Sunjay,
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    whereafter it was kept in safe custody by them at their house. On 14.06.2025
    at 07:44 PM, Dinesh sent an e-mail to Shradha, after the sudden demise of
    Sunjay on 12.06.2025 and while replying to the e-mail at 21:49 PM, Shradha
    flagged that the document attached in the e-mail was not a Will.
    Immediately at 22:00 hours, Dinesh through another e-mail on the same
    thread correcting the inadvertent mistake and attaching copy of the Will. On
    24.06.2025, Shradha visited Priya at her house and the original Will was
    handed over to her by Priya. On the same day at 06:54 PM, Shradha sent an
    e-mail to Priya acknowledging the receipt of the original Will. Sunjay had
    constituted the WhatsApp group, where IC stands for ‘Investment
    Committee’ on 03.04.2022 and he was the admin of the group. Limited
    composition of the group clearly reflects his trust and confidence in Priya
    and more importantly in Dinesh, who is also a witness to his Will, to
    manage and take investment decisions for the family. The mobile number
    used by Sunjay in this group is the same number through which Samaira and
    Kiaan communicated with him throughout. The group was totally active and
    Sunjay consistently participated by responding to requests, forwarding
    newspaper articles and engaging in discussions including shortly after
    execution of the Will and even on the day of his demise. Will is duly
    accompanied by affidavits of both the attesting witnesses albeit in terms of
    Section 281 of 1925 Act, only a probate petition is required to be
    accompanied by an affidavit of at least one attesting witness. The entire
    electronic record in support of the affidavits filed by Priya and two
    witnesses under Section 63(4)(c) of Bhartiya Sakshya Adhiniyam (‘BSA’)
    has been filed, wherein witnesses have supported and affirmed the aforesaid
    electronic chain of events including the e-mails and WhatsApp
    communications.

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    43. Plaintiffs’ contention that the bequest by Sunjay is unnatural
    inasmuch as he could never have excluded Samaira, Kiaan and Rani, is
    misconceived. On Sunjay’s demise, Samaira and Kiaan admittedly became
    beneficiaries of substantial assets under the Trust, valued at several times
    over and above the value of entire personal estate of Sunjay. Under the
    Trust, they and Azarias are named as beneficiaries of income of the Trust to
    the extent of 13.33% each, while Priya is named as beneficiary of 60%. This
    shows that even under the Trust settled by Rani during the lifetime of
    Sunjay, through which he exercised control over family companies and Sona
    Comstar, distribution was not equal. Even otherwise, bequest of a Testator
    in favour of his spouse is per se not unnatural. Additionally, under the
    divorce decree dated 13.06.2016, as part of the settlement between Karisma
    and Sunjay, financial liability albeit limited, for education and marriages of
    Samaira and Kiaan is to be met from the estate of Sunjay. In any event, both
    were not entirely excluded from the estate inasmuch as it was provided in
    the Will that in the event Priya pre-deceased Sunjay, the children would be
    the beneficiaries under the Will.

    44. When the suit was filed, no question was raised on the authenticity/
    genuineness of the Will but as the case proceeded, Samaira and Kiaan
    changed their case entirely to argue that the Will was shrouded in suspicious
    circumstances. It is trite that no new case can be set up at the stage of filing
    of replication, if it has no foundation in the plaint.

    45. The Will is genuine and not surrounded by any suspicious
    circumstances, as alleged. It is undisputed that Sunjay was of sound mind
    and body when he died and no material has been placed on record, which
    even suggests that his signatures are forged. Clear electronic evidence on
    record establishes the creation and execution of the Will and though not
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    required, affidavits of both the attesting witnesses have been filed. Trial is
    yet to take place and at that stage the witnesses would depose and will be
    cross-examined on this aspect. At the stage of interlocutory application, no
    prima facie view can be taken by the Court on the alleged suspicious
    circumstances, which will be a matter of trial and onus is on Samaira and
    Kiaan to prove the allegations by leading cogent evidence.

    46. The fact that the Will surfaced only on 30.07.2025 in a meeting held
    at a hotel in Delhi, where Karisma, Priya, Shradha and respective legal
    representatives were present, is hardly a suspicious circumstance.
    Admittedly, during the said meeting Shradha read out the contents of the
    Will in everybody’s presence and in fact, Priya was in constant touch with
    Karisma for planning the meeting. Will did not surface on 30.07.2025 for
    the first time since it was sent as an e-mail attachment by Dinesh to Shradha
    vide e-mail dated 14.06.2025, which was soon after the sudden demise of
    Sunjay. The screenshot preview of the Will as an attachment filed by Priya,
    appears right from the inception of the e-mail of Nitin dated 24.03.2025,
    whereby he sent scanned copy of the Will to Dinesh and was received in the
    inbox of Dinesh till the attachment was uploaded on the Family Office IC
    WhatsApp group by Dinesh and thereafter, sent on e-mail dated 14.06.2025
    to the executor. This dispels any unsubstantiated insinuation of Samaira and
    Kiaan or Rani that Will dated 21.03.2025 is different from the one read out
    on 30.07.2025 or that it is shrouded in suspicious circumstances.

    47. Much has been highlighted on behalf of Samaira and Kiaan that there
    are glaring mistakes in the Will which cast a cloud, but these allegations are
    baseless and irrelevant. Spelling mistakes of the nature flagged in the Will
    are not unprecedented in wills and in fact, even in the Will dated 19.03.2024
    executed by Rani, name of Azarias is misspelt as Azrias. Sunjay’s Will was
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    made as a template of Rani’s Will and consequently, mistakes have
    inadvertently crept in. It is a settled law that typographical errors in the Will
    do not undermine the credibility of the Will. [Ref.: Sanjay Kalra v. State,
    2025 SCC OnLine Del 3820 and Priya Jain v. State and Others, 2025 SCC
    OnLine Del 5520].

    48. The chain of custody of the Will dated 21.03.2025 is over emphasized
    by Samaira and Kiaan to falsely urge that the Will is forged and fabricated.
    Will was executed on 21.03.2025 but was scanned on 24.03.2025 for the
    simple reason that 21st was a Friday and scanning was done on the following
    Monday i.e. the next working day. Plaintiffs also seek to doubt the
    authenticity of the Will, owing to its custody with Priya since 01.04.2025.
    This can have no bearing on the genuineness of the document and it is clear
    from the documents that Dinesh had messaged in the WhatsApp group on
    24.03.2025 that he will hand over the original in the next meeting, which
    was on 01.04.2025 and where the original was handed over to Sunjay and
    Priya. The initial stand taken by Shradha that original Will was handed over
    to her by Dinesh is merely an error for which an application has been filed
    under Order VI Rule 17 CPC for amendment. The correct position is that
    original Will was handed over to Shradha by Priya on 24.06.2025 when
    Shradha visited her house and this stands acknowledged in the e-mail dated
    24.06.2025 sent by Shradha to Dinesh and Priya.

    49. It is wrong to level allegations against the attesting witnesses. Both
    witnesses were employed in AIPL during the lifetime of Sunjay and in
    particular, association of Dinesh in companies owned by Kapur Family dates
    back to 1998 and he was also a trusted employee of Surinder. Dinesh’s
    position in AIPL has been of Chief Financial Officer and Director since
    April, 2022. He is a renowned Chartered Accountant with experience of
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    more than 29 years and has been a witness to various key family documents.
    Nitin joined Raghuvanshi Investment Private Limited (‘RIPL’) in May,
    2022 during lifetime of Sunjay as a Company Secretary with designation of
    General Manager, Legal and CS. He was later promoted as Assistant Vice
    President, Legal in RIPL during lifetime of Sunjay. In fact, Nitin was
    appointed as Additional Director of AIPL on 02.08.2025, without any
    remuneration and does not receive sitting fees as Director. Pertinently, Nitin
    has been a Director in other companies under the Trust since 2022, which
    are BRS Finance Investment Private Limited, Pune Heat Treat Private
    Limited and Osborne Sports and Nutrition Private Limited. All these
    positions of directorship were offered to him during lifetime of Sunjay. It is
    relevant that first witness of the Will of Surinder was the then Company
    Secretary and even Sunjay has chosen a Company Secretary as a witness.
    There is nothing on record to substantiate that any unnatural benefits have
    been bestowed on the witnesses, so as to cast a cloud on the Will on this
    basis.

    50. It is wrong to contend that affidavits filed by Priya and witnesses are
    non-compliant with Section 63(4)(c) of BSA. The affidavits contain a clear
    deposition that digital record has been taken from device/digital record
    source i.e., laptop. Notably, affidavits filed by Samaira and Kiaan along with
    the plaint in support of WhatsApp chats are identical inasmuch as they also
    only refer to a laptop/computer operated by Karisma albeit several chats of
    Samaira and Kiaan have also been filed. In any event, at this stage of
    proceedings, defects in the affidavits, if any, are curable.

    51. There is nothing unnatural in excluding Rani from the Will inasmuch
    as Sunjay would never have anticipated pre-deceasing his 79 year old
    mother and even otherwise, Rani was well taken care of by both Sunjay and
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    Priya as also her two daughters. The allegation that assets have been
    concealed by Priya is unfounded and merely speculative, not supported by
    any documentary evidence. Rani has failed to place on record a single
    document evidencing ownership of undisclosed personal assets of Sunjay.
    Mere photographs showing watches or paintings in the background do not
    establish Sunjay’s personal ownership, more so, when such items may have
    belonged to the corporate entities and present proceedings concern only
    personal estate of Sunjay and not corporate assets. The claim by Rani that
    Sunjay was receiving Rs. 60 crores as a salary, is misleading. He received
    Rs.10 crores as Director remuneration and a one-time bonus of Rs.50 crores,
    which is duly supported by Board Resolution. After statutory deductions,
    Rs. 36.5 crores remained of which Rs. 28.5 crores was utilized during his
    lifetime for acquisition of disclosed immovable assets in UK. The personal
    spendings/earnings of Sunjay during his lifetime have no bearing on this
    case and cannot be questioned. Much was argued on the Rolex watches and
    its concealment in the List of Assets. The allegation is based on screenshots
    from a fake Instagram account that does not belong to Sunjay and this fact is
    well known to Rani. All bank accounts and fund position, post-demise of
    Sunjay, have been fully disclosed by Priya in a sealed cover in the List of
    Assets. Funds from two bank accounts were lawfully transmitted to Priya
    being a nominee and no one can claim a right over transactions carried out
    by Sunjay during his lifetime. The two bank accounts referred to by Rani
    had zero balance since their inception, which is evidenced by the banking
    records.

    52. The assertion by Rani that Sunjay held 6.5% shareholding in Sona
    Comstar is factually incorrect since he held 6.5% in AIPL, which translated
    to approximately 2.18% indirect shareholding in Sona Comstar and these
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    shares have lawfully devolved on Priya. The claim that Priya was removed
    as Director due to marital discord is demonstrably false. She voluntarily
    resigned from AIPL and was simultaneously appointed President of the
    operations of RIPL, which is another group company. Parallel corporate
    restructuring involving both spouses occurred in 2023, negating any
    suggestion of marital discord, which is further disproved by public records,
    travel history and social media posts. Nomination of Priya as the sole
    nominee of all bank accounts and the DEMAT account are in line with the
    bequest made in the Will. Had there been any marital discord, Priya would
    not have remained the sole nominee of Sunjay’s accounts during his
    lifetime. Sunjay applied for Portugal residency for the entire family
    including Priya’s daughter from the earlier marriage and this was only a step
    towards tax planning since family members were American citizens and
    Samaira and Kiaan stood to receive substantial benefits under the Trust. In
    fact, at the behest of Karisma, Sunjay also initiated a conversation on her
    proposed citizenship application.

    53. Priya has placed on record electronic proof of the executed copy of
    the Will being circulated to Sunjay along with electronic record of his
    having seen the executed copy. The WhatsApp group on which the copy was
    circulated, was created by Sunjay as administrator and he was active on the
    group after such circulation until his demise and the alleged suspicious
    circumstances are thus only a figment of imagination of Samaira, Kiaan and
    Rani. Rani continues to receive the same financial support which she did
    prior to Sunjay’s demise, including monthly payment of Rs. 21.5 lakhs. It
    appears that she has no personal grievance and is under influence of third
    parties to contest Sunjay’s Will and/or every legal action taken by him
    during his lifetime.

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    CONTENTIONS ON BEHALF OF DEFENDANT NO.4

    54. Shradha is an entrepreneur and runs an automobile company. She has
    been an independent Director in one of the companies in Sunjay’s group of
    companies. She was appointed as the Executor of Will dated 21.03.2025 left
    behind by Sunjay and is neither the beneficiary under the Will nor has
    personal or pecuniary interest in the estate of Sunjay. Her role is limited to
    acting as an Executor in accordance with law and directions of this Court.
    Shradha has at all time confined herself to her duties as Executor, ensuring
    due administration of the estate as per law and is a neutral party, who has
    acted with complete fairness. Shradha facilitated reading of the Will in the
    meeting held on 30.07.2025 in presence of Samaira, Kiaan and Karisma and
    their legal representatives as also Senior Counsels and did not withhold or
    conceal any fact.

    55. The suit as framed is not maintainable. Having knowledge of the Will,
    Samaira and Kiaan have not sought a declaration regarding invalidity of the
    Will and it is wrong for them to contend that no declaration is required.
    Reliance on the judgment in Venigalla Koteswaramma v. Malampati
    Suryamba and Others
    , (2021) 4 SCC 246, in this context is also misplaced
    since in the facts of that case, Plaintiff was unaware of the Will, which was
    propounded for the first time in the written statement. This is more so when
    the entire argument of suspicious circumstances allegedly surrounding the
    Will are predicated around the invalidity of the Will. The glaring fallacy of
    the argument of Samaira and Kiaan is that they emphasize on the suspicious
    circumstances in the conduct of the Executor, whereas suspicious
    circumstances that have to be substantiated are in the making and execution
    of the Will and not the conduct of the Executor, after receiving the Will.
    [Ref.
    : Kavita Kanwar (supra)]. It is a misconceived submission that conduct
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    of Shradha in reading the Will or exchanging e-mails with Priya or the
    attesting witnesses casts a shadow of doubt on the genuineness of the Will.
    The judgments relied upon by Samaira and Kiaan are wholly inapplicable to
    the instant case. In the said cases, evidence was concluded when the
    decisions were rendered and more importantly, there was total exclusion of a
    close relative from the entire inheritance of the deceased. In the present case,
    Sunjay has given a beneficial interest to Samaira and Kiaan in the Trust,
    which controls entire group of companies. Samaira and Kiaan have a
    significant share in the Trust and it is thus not correct to argue that they are
    totally excluded from inheritance. Even in the Will, it was envisaged that if
    Priya pre-deceased Sunjay then, personal estate of Sunjay would vest in all
    children, including Samaira and Kiaan, however, if Sunjay pre-deceased
    then his personal estate in the Will, will devolve on Priya and moreover, it is
    not unnatural for a husband to leave his personal wealth to his wife,
    particularly, when in this case, Samaira and Kiaan are taken care of through
    the Trust.

    56. Samaira and Kiaan have relied on the judgment in Jaswant Kaur
    (supra) for the proposition that normally Executors are not appointed
    without consent or at least without prior consultation and/or knowledge of
    the Will being executed. In the said case, the Supreme Court found that the
    allegation that the first wife had strained relation was not correct and the fact
    that witnesses were strangers was a suspicious circumstance. Paragraph 20
    of the judgment has to be read in this context where the Supreme Court
    observes that normally the Executor is informed and the word ‘normally’
    cannot be construed to mean that in all cases, Executor must be informed. In
    any case, one of the Executors in the said case was the father-in-law of the
    sole beneficiary and none of the Executors entered the witness box, which
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    was found to be a suspicious circumstance. Sections 229 to 231 of 1925 Act
    clearly establish the power of the Executor to renounce after the Will is
    disclosed and this statutory scheme also shows that Executor may not be
    aware of his/her appointment as an Executor before the Will is disclosed,
    after the death of the deceased.
    The observation in Jaswant Kaur (supra)
    has to be read in the context of the facts of the case and does not retract from
    the statutory framework of 1925 Act. Samaira and Kiaan have failed not
    only to show prima facie case but also failed to establish the balance of
    convenience and irreparable injury, the trinity test for grant of interlocutory
    injunction and this is more so when they have a stake in the Trust, which is
    worth Rs. 2,465 crores.

    57. Contentions of Samaira and Kiaan that: (a) on 14.06.2025, Will was
    e-mailed to Shradha but with Trust Deed as an attachment and not the Will;

    (b) Shradha did not ask for the Will and Dinesh rectified the error after
    about one and a half hour by e-mailing the scanned Will; and (c) in e-mail
    dated 22.08.2025, Karisma took a stand that Shradha was informed of the
    Will only one day prior to 30.07.2025 and there was no denial to this in
    reply dated 26.08.2025, are unfounded. On 14.06.2025, Dinesh e-mailed to
    Shradha intimating that he was enclosing Sunjay’s Will and informed her of
    her appointment as Executor. Shradha immediately pointed out the error and
    requested for certified copy of the Will, whereafter Dinesh e-mailed a
    scanned copy on the same day. On 15.06.2025, Shradha sought the original
    Will, which she received on 24.06.2025 from Priya, who had custody of the
    original. In e-mail dated 22.08.2025, Karisma wrongly stated that the Will
    was disclosed on 30.07.2025 and Shradha learnt of it one day prior. This e-
    mail was sent 22 days after the meeting on 30.07.2025 and was an
    afterthought. On 26.08.2025, Shradha sent a reply stating that she was the
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    Executor and copy of the Will could not be provided to non-beneficiaries
    albeit inspection was permissible upon execution of an NDA. E-mail
    correspondences are not pleadings and cannot be construed as admissions or
    confessions. Shradha has filed contemporaneous e-mail on record to
    establish that she had knowledge of the Will from 14.06.2026.

    58. The allegations that Shradha’s conduct is such that she is acting in
    collusion with Priya are sought to be substantiated by Samaira and Kiaan
    through documents such as e-mail dated 15.06.2025, whereby Shradha
    asked Dinesh for contact details of lawyer who drafted the Will, using
    inverted commas, allegedly suggesting the Will was fabricated and e-mail
    dated 24.06.2025, whereby Shradha sought confirmation if Priya had any
    knowledge of any other Will or instrument executed by Sunjay modifying or
    superseding the Will. Some of the e-mails exchanged between Shradha and
    Priya were sent before any formal legal advice was sought by Shradha and
    e-mails exchanged between non-legal persons cannot be construed to
    suggest sinister design. In Delhi, probate is not mandatory as can be seen
    from Section 57 of 1925 Act and thus no steps were taken to seek probate of
    the Will. [Ref.: Mahalakshmi Pavani v. UCO Bank and Another, 2023
    SCC OnLine Del 7741 and Clarence Pais and Others v. Union of India,
    (2001) 4 SCC 325]. In fact, by e-mail dated 15.06.2025, Shradha sought
    copy of the Will, certified to be true copy by a witness and registered by a
    Notary, as the same would be required before acting as an Executor and/or
    to seek legal assistance from the lawyer who drafted the Will. The original
    Will was given to Shradha on 24.06.2025 by Priya on which date, the former
    confirmed its receipt and sought information if this was the last Will. Priya
    confirmed by e-mail dated 25.06.2025 that Will dated 21.03.2025 was the
    only and last Will of Sunjay, duly witnessed and stated that the same could
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    be probated. On 08.07.2025, Priya informed Shradha of the funeral related
    payments and sought advice on the next steps as she was the nominee in the
    Banks’ and DEMAT accounts. Post this, a meeting was held on 30.07.2025
    in which the Will was disclosed to all.

    59. Shradha permitted Priya to proceed with transferring the Geojit
    Financial Services Ltd. account as she was the sole nominee and beneficiary
    under the Will and hence, the transfer was in consonance with the wishes of
    the deceased. Similarly, even for the Kotak Mahindra Bank account, Priya
    was the sole nominee and beneficiary under the Will and entitled to deal
    with the account in the manner she desired. Under law, a nominee is entitled
    to effect transfer of assets subject to rights of legal heirs. Samaira and Kiaan
    raised no objection till 22.08.2025, thereby making Shradha believe that
    there was no challenge to the Will and transfers were valid.

    60. The allegations of Samaira and Kiaan that Will was not disclosed to
    Karisma, Samaira and Kiaan immediately after Sunjay’s death and surfaced
    a month later or that she read out the contents of the Will in a haste and did
    not provide a copy etc., are baseless. The allegations are even otherwise of
    no consequence as all these actions are post execution of the Will, albeit
    vehemently denied. Non-furnishing of copy of the Will or seeking execution
    of NDA cannot be a suspicious circumstance. Shradha has acted bona fide
    and believes the Will to be genuine, particularly, since no party has disputed
    the signatures appearing on the Will. There is no bar in law that a close
    friend of a deceased cannot be an Executor of the Will. There is no
    substance in the argument that being a close friend, Shradha ought to have
    had prior knowledge of her proposed appointment as an Executor. If prior
    knowledge was mandatory, Sections 229 to 231 of 1925 Act would not have
    contemplated a situation where a named Executor refuses to act and the
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    provision relating to renunciation by an Executor would be redundant. [Ref.:

    Rabinder Singh & Others v. State, 2007 SCC OnLine Del 1395].

    61. Heard learned Senior Counsels and counsels for the respective parties
    and examined their rival submissions.

    62. This suit is instituted by Samaira and Kiaan inter alia seeking
    partition of the estate of Sunjay as his Class-I legal heirs on the ground that
    Sunjay passed away intestate and on his demise being the daughter and son,
    respectively, they are entitled to 1/5th share each, in the estate of Sunjay.
    Priya has propounded an unregistered Will dated 21.03.2025 wherein Priya
    is the sole beneficiary of the personal assets of Sunjay. In law, the onus to
    prove that the Will was validly executed by Sunjay and is a genuine
    document, is on Priya. As held in Niranjan Umeshchandra (supra), it is the
    propounder, who is required to prove that the Testator has signed the Will
    and had put his signatures out of his own free will with sound disposition of
    mind and understood the nature and effect thereof. If sufficient evidence in
    this regard is brought on record the onus of the propounder may be
    discharged. However, where suspicious circumstances attend the execution
    of the will, the burden on the propounder becomes substantially heavier and
    mere proof of signature or attestation is insufficient. In such cases, the
    propounder must dispel all legitimate suspicions by clear, cogent and
    satisfactory evidence so as to satisfy the conscience of the Court that the will
    represents the free and voluntary act of the Testator. In the instant case,
    Samaira, Kiaan and Rani have questioned the very execution of the Will and
    flagged circumstances, which according to them are suspicious and hence,
    the onus on Priya to prove the validity of the Will becomes substantially
    heavier.
    In this context, it would be useful to allude to the exposition of law
    by the Supreme Court in H. Venkatachala (supra), as follows:-

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    “19. However, there is one important feature which distinguishes wills
    from other documents. Unlike other documents the will speaks from the
    death of the testator, and so, when it is propounded or produced before a
    court, the testator who has already departed the world cannot say whether
    it is his will or not; and this aspect naturally introduces an element of
    solemnity in the decision of the question as to whether the document
    propounded is proved to be the last will and testament of the departed
    testator. Even so, in dealing with the proof of wills the court will start on
    the same enquiry as in the case of the proof of documents. The propounder
    would be called upon to show by satisfactory evidence that the will was
    signed by the testator, that the testator at the relevant time was in a sound
    and disposing state of mind, that he understood the nature and effect of the
    dispositions and put his signature to the document of his own free will.
    Ordinarily when the evidence adduced in support of the will is
    disinterested, satisfactory and sufficient to prove the sound and disposing
    state of the testator’s mind and his signature as required by law, courts
    would be justified in making a finding in favour of the propounder. In
    other words, the onus on the propounder can be taken to be discharged on
    proof of the essential facts just indicated.

    20. There may, however, be cases in which the execution of the will may
    be surrounded by suspicious circumstances. The alleged signature of the
    testator may be very shaky and doubtful and evidence in support of the
    propounder’s case that the signature, in question is the signature of the
    testator may not remove the doubt created by the appearance of the
    signature; the condition of the testator’s mind may appear to be very
    feeble and debilitated; and evidence adduced may not succeed in
    removing the legitimate doubt as to the mental capacity of the testator; the
    dispositions made in the will may appear to be unnatural, improbable or
    unfair in the light of relevant circumstances; or, the will may otherwise
    indicate that the said dispositions may not be the result of the testator’s
    free will and mind. In such cases the court would naturally expect that all
    legitimate suspicions should be completely removed before the document
    is accepted as the last will of the testator. The presence of such suspicious
    circumstances naturally tends to make the initial onus very heavy; and,
    unless it is satisfactorily discharged, courts would be reluctant to treat the
    document as the last will of the testator. It is true that, if a caveat is filed
    alleging the exercise of undue influence, fraud or coercion in respect of
    the execution of the will propounded, such pleas may have to be proved by
    the caveators; but, even without such pleas circumstances may raise a
    doubt as to whether the testator was acting of his own free will in
    executing the will, and in such circumstances, it would be a part of the
    initial onus to remove any such legitimate doubts in the matter.

    21. Apart from the suspicious circumstances to which we have just
    referred, in some cases the wills propounded disclose another infirmity.
    Propounders themselves take a prominent part in the execution of the wills
    which confer on them substantial benefits. If it is shown that the
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    propounder has taken a prominent part in the execution of the will and
    has received substantial benefit under it, that itself is generally treated as
    a suspicious circumstance attending the execution of the will and the
    propounder is required to remove the said suspicion by clear and
    satisfactory evidence. It is in connection with wills that present such
    suspicious circumstances that decisions of English courts often mention
    the test of the satisfaction of judicial conscience. It may be that the
    reference to judicial conscience in this connection is a heritage from
    similar observations made by ecclesiastical courts in England when they
    exercised jurisdiction with reference to wills; but any objection to the use
    of the word “conscience” in this context would, in our opinion, be purely
    technical and academic, if not pedantic. The test merely emphasizes that,
    in determining the question as to whether an instrument produced before
    the court is the last will of the testator, the court is deciding a solemn
    question and it must be fully satisfied that it had been validly executed by
    the testator who is no longer alive.

    22. It is obvious that for deciding material questions of fact which arise in
    applications for probate or in actions on wills, no hard and fast or
    inflexible rules can be laid down for the appreciation of the evidence. It
    may, however, be stated generally that a propounder of the will has to
    prove the due and valid execution of the will and that if there are any
    suspicious circumstances surrounding the execution of the will the
    propounder must remove the said suspicions from the mind of the court by
    cogent and satisfactory evidence. It is hardly necessary to add that the
    result of the application of these two general and broad principles would
    always depend upon the facts and circumstances of each case and on the
    nature and quality of the evidence adduced by the parties. It is quite true
    that, as observed by Lord Du Parcq in Harmes v. Hinkson1 “where a will
    is charged with suspicion, the rules enjoin a reasonable scepticism, not an
    obdurate persistence in disbelief. They do not demand from the Judge,
    even in circumstances of grave suspicion, a resolute and impenetrable
    incredulity. He is never required to close his mind to the truth”. It would
    sound platitudinous to say so, but it is nevertheless true that in discovering
    truth even in such cases the judicial mind must always be open though
    vigilant, cautious and circumspect.”

    63. In one of the earliest judgment of the Supreme Court in Smt. Jaswant
    Kaur
    (supra), pertaining to suspicious circumstances, the Supreme Court
    held as follows:-

    “9. In cases where the execution of a will is shrouded in suspicion, its
    proof ceases to be a simple lis between the plaintiff and the defendant.
    What, generally, is an adversary proceeding becomes in such cases a
    matter of the court’s conscience and then the true question which arises
    for consideration is whether the evidence led by the propounder of the will

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    is such as to satisfy the conscience of the court that the will was duly
    executed by the testator. It is impossible to reach such satisfaction unless
    the party which sets up the will offers a cogent and convincing explanation
    of the suspicious circumstances surrounding the making of the will.”

    64. In Shivakumar (supra), the Supreme Court affirmed that the initial
    onus to prove the Will lies on the propounder but can be taken to be finally
    discharged on proof of essential facts that go into the making of the Will and
    cases in which suspicious circumstances are pleaded by the objector to the
    Will, stand on different footing and make the onus heavier on the
    propounder and in which case the propounder must remove all legitimate
    suspicions before the document can be accepted as the last will of the
    Testator and it is at this stage that the test of satisfaction of the judicial
    conscious comes into operation. Court is then required to address itself to
    the solemn questions as to whether the Testator had signed the Will, being
    aware of its contents etc. It was also held that a circumstance is ‘suspicious’
    when it is not normal or is not normally expected in a normal situation or is
    not expected of a normal person. In other words, the suspicious features
    must be real, germane and valid and not merely fantasy of the doubting
    mind.

    65. It is trite that whether any particular circumstance qualifies as
    suspicious would depend on facts and circumstances of each case and
    illustratively, some of the judicially recognised suspicious circumstances
    are: shaky or doubtful signature of the deceased; unnatural and unfair
    disposition of property; unjust exclusion of legal heirs, particularly, the
    dependents; active or leading part played in the making of the will by the
    beneficiary; manner of writing and execution of the will, using words which
    were doubtful or not expected from the deceased; attesting witnesses are
    unreliable; the will is unregistered and comes from the custody of the

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    person, who is the major beneficiary under the will etc.

    66. It is equally settled that if the propounder succeeds in removing the
    suspicious circumstances, Court must give effect to the will even if the will
    might be unnatural in the sense that it has deprived natural heirs from the
    benefit of the estate since a will is executed to alter the ordinary mode of
    succession and by the very nature of things, it is bound to result in either
    reducing or depriving the share of natural heirs. If a person intends his
    property to pass to his natural heirs, there is no necessity to execute the will.
    [Ref.: Uma Devi Nambiar and Others v. T.C. Sidhan (Dead), (2004) 2
    SCC 321 and P.P.K. Gopalan Nambiar v. P.P.K. Balakrishnan Nambiar
    and Others
    , 1995 Supp (2) SCC 664]. In given facts and circumstances of a
    case, Courts have accepted wills even though they were unregistered and
    therefore, to this effect proposition of law propounded on behalf of Priya
    cannot be debated. [Ref.
    : Ishwardeo Narain Singh v. Kamta Devi and
    Others
    , (1953) 1 SCC 295]. It bears repetition to state that Courts have
    recognised circumstances such as the will being unregistered and the
    beneficiary taking substantial part in the will as also unnatural and unfair
    disposition of the assets, more particularly, where most legal heirs are
    excluded, as suspicious circumstances, which of course are triable issues.
    When a cloud is cast on the will, test of judicial conscious comes in and
    Supreme Court has cautioned that since the will speaks from the death of the
    Testator, who has departed from the world and is unavailable to state
    whether he had executed the will or not, Courts must tread cautiously while
    dealing with the document.

    67. Coming to the instant case, suspicious circumstances have been raised
    by Samaira, Kiaan and Rani in respect of the alleged Will. Therefore, as a
    propounder of the Will, Priya will have to dispel and remove all legitimate
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    suspicious circumstances by clear, cogent and satisfactory evidence and
    satisfy the conscience of the Court that the Will represents the free and
    voluntary act of Sunjay, before the document is accepted as a will. The
    suspicious circumstances set up by Samaira, Kiaan and Rani are under three
    broad heads: (a) unnatural disposition; (b) circumstances obtaining at the
    pre-execution and execution stage of the alleged Will; and (c) chain of
    custody of the original Will.

    68. Under the first head, succinctly put, it is urged that Sunjay was very
    close to Samaira, Kiaan and Rani and yet all the three Class-I legal heirs
    have been completely divested from the estate of Sunjay, which is an
    unnatural disposition given the bond of love and affection between them.
    Sunjay had profound and unwavering love and affection for the two children
    and was actively involved in their education and other co-curricular and
    development activities. Several vacations were spent together and Sunjay
    often visited Mumbai and stayed with the children, where all three spent
    quality time and the WhatsApp chats and photographs placed on record,
    bear testimony to this fact. Sunjay was also in the process of applying for
    and obtaining Portuguese citizenship for the family including the Plaintiffs
    as his dependents for the benefit of seeking tax exemption at the time of
    inheritance. Sunjay shared a very special bond of love and affection with
    Rani also and held her in high esteem, revered her deeply and constantly
    supported her in every way, including emotionally. In fact, on 17.03.2025,
    when the Will was allegedly modified on the instructions of Sunjay, he was
    with Kiaan in Goa on a holiday trip and cut short his trip to come back to
    Rani, who had suffered a fall. It is improbable that Sunjay would disinherit
    the three, despite sharing a close and enduring bond of love and deep
    affection.

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    69. Under the other two heads inter alia Samaira, Kiaan and Rani have
    formulated the following circumstances, which according to them dent
    Priya’s claim that Sunjay desired to deviate from the path of natural
    succession and has left behind a Will, maki ng her the sole beneficiary:-

    (a) Will was not disclosed till the meeting at Taj Mansingh Hotel on
    30.07.2025 and even during the meeting, copy of the Will was not
    shared;

    (b) Shradha informed everyone present in the meeting that she was
    made aware of the Will only on 29.07.2025 by Dinesh and Nitin
    and does not deny this fact in her e-mail dated 26.08.2025 sent in
    response to Karisma’s e-mail dated 22.08.2025;

    (c) Dinesh attaches a Trust Deed with his purported e-mail dated
    14.06.2025 instead of copy of the alleged Will for unexplained
    reason;

    (d) Being the alleged Executor of the Will, Shradha is unaware of the
    identity of the person who drafted the Will and seeks information
    on 15.06.2025 from Dinesh, to which there is no response and
    even after receiving the original Will, does not execute the same;

    (e) It is strange and improbable that Sunjay did not even inform
    Shradha of the Will executed by him, leave alone consulting her,
    more so, when she was a close friend of Sunjay for the last 20
    years, as urged by Priya;

    (f) Shradha informs Priya vide e-mail dated 24.06.2025 that she was
    in receipt of the original Will and yet seeks confirmation from
    Priya whether the Will was registered or probated, especially in

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    light of paragraph 3 of the alleged Will, wherein Shradha was
    authorized to pay the expenses that she may incur on execution of
    the Will and the e-mail is conspicuously silent on who gave the
    original Will to her and when and where, considering that original
    Will cannot be sent as an attachment to an e-mail;

    (g) There is glaring contradiction on how the original Will came into
    custody of Shradha inasmuch as Priya claims that it was she, who
    handed over the original Will to Shradha at Priya’s residence while
    Shradha claims that the Will was handed over by Dinesh on
    24.06.2025, albeit she later tries to cover up this stand by filing an
    amendment application. The initial draft of the Will is stated to
    have been created on Nitin’s device on 10.02.2026 and modified
    on the same device on 17.03.2025 but Nitin is completely silent in
    his attesting affidavit as to how the original Will came into
    Dinesh’s possession;

    (h) Will is stated to have been executed and signed by Sunjay on
    21.03.2025 at the office of AIPL, Gurgaon in the presence of
    Dinesh and Nitin, whereafter hard copy was scanned by Nitin and
    pdf was created on 24.03.2025. At best, Nitin could have attached
    the copy of the Will for forwarding to Dinesh but there is no
    material or explanation as to how the hard copy of the original
    Will came to Dinesh. Dinesh’s affidavit is silent on the date and
    the mode of receiving the original Will as also the identity of the
    person from whom it was received;

    (i) Neither Sunjay nor Priya were in Gurgaon on the date of execution
    of the alleged Will and the omission to so state by the attesting

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    witnesses in their affidavits speaks volumes of forgery committed
    by Priya in collusion with the alleged witnesses. No material is
    placed on record to show the presence of Priya and Sunjay in
    Gurgaon on 21.03.2025;

    (j) Will was allegedly modified on 17.03.2025 at 11:14:54 AM on
    Nitin’s computer device. Admittedly, on the said day Sunjay was
    in Goa holidaying with Kiaan and came back to Delhi by a 03:00
    PM flight on learning that Rani had suffered a fall. It is improbable
    that on 17.03.2025, Sunjay would suggest modification to a Will
    which disinherits both Kiaan and Rani, given his love and concern
    for them as also given the fact that a few days before 17.03.2025,
    Sunjay was with Samaira in Boston;

    (k) If the story of modification of the Will at the instance of Sunjay is
    to be believed, it implies that Sunjay had thoroughly read the draft
    before suggesting changes. Given Sunjay’s educational
    qualifications, his business acumen, command over English
    language and known reputation for being meticulous in handling
    documentation, it is hardly open to debate that he would have
    overlooked glaring errors in the Will, especially those relating to
    spellings of his son’s name Azarias, incorrect identification of
    Safira as his daughter, wrong address of Samaira and Kiaan’s
    residence, reference to him as ‘Testatrix’ and ‘her’ instead of
    ‘Testator’ and ‘him’, missing artwork in the schedule as also
    incomplete disclosure of his personal assets and also keeping in
    view that Sunjay had a team of legal advisors and consultants etc.,
    which are clear pointers to the Will being forged;

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    (l) Propounder, custodian and sole beneficiary of the Will is Priya and
    the Will is unregistered and has come from her custody after a
    significant time gap from the date of its alleged execution;

    (m) Signatures of Sunjay on the Will do not match with his actual
    signatures even on a bare perusal by naked eye;

    (n) Both the attesting witnesses are interested witnesses and were
    offered high posts in the concerned firms of Sunjay, soon after his
    demise; and

    (o) There is no digital footprint of Sunjay in the digital record relied
    upon by Priya. The early digital trail is based on the screenshots of
    computer device belonging to Nitin, where initial preparation and
    modification of the Will is stated to have taken place but there is
    no input from Sunjay. The digital trail was then shifted to Dinesh’s
    device and finally to prove involvement of Sunjay, reference was
    made to a WhatsApp group ‘Family Group IC’ of which Sunjay,
    Priya and Dinesh were members. The shift in stand also does not
    aid Priya as even on this group there is no message from Sunjay
    and hence, reliance on the ‘Blue Ticks’ is of no consequence.
    Strangely, there is no input from Sunjay in connection with the
    Will, either through e-mail or WhatsApp message and this is
    evidence of the collusion between Priya, Dinesh and Nitin,
    whereby they have prepared a document allegedly a Will of Sunjay
    and forged his signatures on it.

    70. Priya has refuted the stand of Samaira, Kiaan and Rani and has taken
    a position that the Will is a genuine document and expresses the true and the
    last wish and desire of Sunjay, whereby he has made her the sole beneficiary
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    of his entire personal estate and emphasized that there is nothing unusual in
    a husband willing his estate to his wife and historically, this has been the
    tradition of the family since Sunjay’s father had also executed a Will making
    Rani as the sole beneficiary. All parties have canvassed extensive arguments
    and counter arguments.

    71. The question that arises for consideration in this application is
    whether the estate of Sunjay requires to be preserved during the pendency of
    the suit. In my considered view, the answer to the question is in the
    affirmative. This is a suit for partition of Sunjay’s estate filed by two of his
    Class-I heirs and Rani, who is also a Class-I heir, supports the Plaintiffs.
    Priya and Azarias are also Class-I heirs and Priya has propounded the
    alleged Will, wherein she is the sole beneficiary and Samaira, Kiaan and
    Rani question the Will and have pleaded multiple suspicious circumstances,
    which as per them shroud the Will. In the ordinary course, if a will is set up
    and the propounder discharges the onus by proving its due execution, the
    document can be enforced, however, if objections are raised to the execution
    of the will and suspicious circumstances are pleaded, the propounder cannot
    escape the legal obligation of removing the legitimate suspicious
    circumstances and in such a case, Court must also satisfy its judicial
    conscious that the will is a genuine document and represents the desire and
    last wish of the Testator, who is not available to speak the truth.
    Genuineness of the Will propounded by Priya is now a matter of trial, in
    light of the plea of suspicious circumstances set forth by Samaira, Kiaan and
    Rani. Trial will take time and in the meantime, assets of Sunjay should not
    dissipate. It is therefore, imperative that the assets of Sunjay are preserved,
    pending disposal of the suit. It needs no reiteration that if the assets are not
    preserved and Priya fails to prove the validity and genuineness of the alleged
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    Will at the end of trial, Samaira, Kiaan and Rani would be deprived of their
    legitimate shares as Class-I heirs.

    72. The only other question that needs consideration is whether this Court
    can exercise jurisdiction over the foreign assets of Sunjay’s estate in light of
    the objections raised by Priya under Section 16 CPC. Rani has strenuously
    contested this objection relating to the jurisdiction of this Court.

    73. Section 16 CPC provides that subject to pecuniary or other limitations
    prescribed by any law, suits inter alia for partition of immovable property
    shall be instituted in the Court within the local limits of whose jurisdiction
    the property is situate. Proviso thereto provides that suit relating to
    immovable property may be instituted either in the Court within the local
    limits of whose jurisdiction the property is situate or in the Court within the
    local limits of whose jurisdiction the Defendant actually and voluntarily
    resides or carries on business or personally works for gain, where the relief
    sought can be entirely obtained through his personal obedience. There is,
    however, an Explanation to the Section which provides that ‘property’
    means property situate in India. This issue came up for consideration before
    the Madras High Court in M.Y.A.A. Nachiappa Chettiar (supra). Court
    observed that treating the suit as one for partition of immovable property, it
    would fall directly within Section 16(b) CPC, according to which a suit for
    partition of immovable property should be instituted in Court within the
    local limits of whose jurisdiction the property is situate, but the Explanation
    is important which states that ‘property’ is property situate in British India
    (now India). It was further observed that the suit for partition of immovable
    property outside British India would not be covered by this provision and
    therefore, to determine the jurisdiction of a Court to entertain a suit for
    partition of immovable properties outside British India, one must go to well
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    established rule of private international law.

    74. Reference was made by the Madras High Court to Halsbury’s Laws of
    England (Hailsham Edition, Vol. VI page 218), which states that “The
    English Courts have, in general, no jurisdiction to determine directly the
    title to a foreign immovable, nor can they entertain any action which
    substantially involves the determination of such title.”. Reference was also
    made to the observations in Deschamps v. Miller, [1908] 1 Ch. 856: “In my
    opinion, the general rule is that the Court will not adjudicate on questions
    relating to the title to or the right to the possession of immovable property
    out of the jurisdiction.”. Having noted so, the Madras High Court observed
    that this rule is founded on the general principle that Courts of a country
    have no jurisdiction over i.e. have no right to adjudicate upon any matter,
    with regard to which they cannot give an effective judgment. No Nation can
    execute its judgment against immovable property in the country of another.
    Moreover, if the Sovereign of a country has, in fact, the power to transfer the
    ownership or possession of property in that country, it could only be the
    judgment of his Courts in regard to such property which would be decisive
    as to the right to such property. Relevant paragraphs of the judgment are as
    follows:-

    “Treating the suit as one for partition of immovable property, it would fall
    directly within section 16(b) of the Code of Civil Procedure, according to
    which a suit for the partition of immovable property should be instituted in
    the Court within the local limits of whose jurisdiction the property is
    situate. But the explanation is important. It says that in this section
    “property” means “property situate in British India”. The result is that a
    suit for partition of immovable property outside British India would not be
    covered by this provision. To determine, therefore, whether the Court of
    the Subordinate Judge of Devakottah has jurisdiction to entertain this suit
    in so far as it is, or as it must be deemed to be, for partition of immovable
    properties in Ceylon, that is, outside British India, one must go to the well-
    established rules of private international law.

    The basic rule appears to us to be undisputed. It is stated thus by Dicey
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    (Conflict of Laws, Fifth Edition, page 203):

    “Subject to the exception hereinafter mentioned, the Court has no
    jurisdiction to entertain an action for (i) the determination of the title
    to, any immovable situate out of England (foreign land); or (ii)
    recovery of damages for trespass to such immovable; or (iii) the
    administration of a foreign charity under the supervision of the Court
    or the settlement of a scheme for such a charity.”

    In Halsbury’s Laws of England (Hailsham Edition, Vol. VI page 218) the
    rule is stated in the following terms:–

    “The English Courts have, in general, no jurisdiction to determine
    directly the title to a foreign immovable, nor can they entertain any
    action which substantially involves the determination of such title.”

    Parker, J. in Deschamps v. Miller states the rule in similar terms:

    “In my opinion, the general rule is that the Court will not adjudicate
    on questions relating to the title to or the right to the possession of
    immovable property out of the jurisdiction:”

    This rule is founded on the general principle that the Courts of any
    country have no jurisdiction over, that is, have no right to adjudicate
    upon, any matter with regard to which they cannot give an effective
    judgment. No nation can execute its judgment against immovable property
    in the country of another. Moreover, if the Sovereign of a country has, in
    fact, the power to transfer the ownership or possession of property in that
    country, it could only be the judgment of his Courts in regard to such
    property which would be decisive as to the right to such property. This
    rule has been uniformly applied both in England and in India. In British
    South Africa Company v. Companhia De Mocambique it was held by the
    House of Lords that the Supreme Court of Judicature had no jurisdiction
    to entertain an action to recover damages for a trespass to land situate
    abroad even in a case when there was no competent Court in the country
    in which it was situate. In re Hawthorne Graham v. Massey the title to
    certain, immovable property in Saxony was in dispute between A and B. A
    sold the property in Saxony, received part of the purchase money and took
    a mortgage for the balance. Both A and B being in England, an action was
    brought by B to make A account for the purchase money, but the suit was
    dismissed for want of jurisdiction. In Deschamps v. Miller it was held
    that the English Court will not adjudicate on a question of title to
    immovable property situate in Madras. In that case the plaintiff sought to
    impeach a settlement made by his father of immovable property in
    Madras.

    The Judicial Committee in Nilkanth Balwant v. Vidya Narasinh held that a
    Court in the Bombay-Presidency had no jurisdiction to try a suit on a
    mortgage so far as it related to properties in Kolhapur State, which is
    outside British India. At page 502 their Lordships say:

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    “Inasmuch as the properties in Kolhapur are not within the
    jurisdiction of any Court in British India, the learned Subordinate
    Judge of Satara had no jurisdiction to try this suit so far as it related
    to the mortgaged properties situate in Kolhapur.”

    Courts have refused to entertain applications to file an award, which dealt
    with immovable properties outside British India; vide Krishna
    Iyer v. Subbarama Iyer
    and Upendranath Basu v. Het Lal.

    Cases of partition are more apposite. The rule in England is stated
    in Halsbury’s Laws of England, First Edition, Vol. XXI, at page 838 thus:

    “The Chancery Division has no jurisdiction to order partition of
    immovable property outside the jurisdiction.”

    The early case of Cartwright v. Pettus is considered authority for this rule.
    In that case the Lord Chancellor refused to direct a partition of lands in
    Ireland, though the parties were in England. Cheshire in his Private
    International Law, Second Edition, at page 539, refers to this case as
    exemplifying the general principle that no action raising the question of
    the title to foreign immovables can be entertained by an English Court.
    In Keshav v. Vinayak the plaintiffs filed a suit for a declaration of their
    title to a third share in what they alleged was joint family property, viz.,
    certain annual allowances from the Government of the Nizam charged on
    two villages, and to recover their share from the defendants to whom the
    allowances had been paid. While the plaintiffs alleged that the allowances
    were joint ancestral property, the defendants contended that they were the
    exclusive property of their grandfather, to which the plaintiffs’ branch had
    no right. It was held by Parsons and Ranade, JJ. that the District Court of
    Nasik in which the suit was filed had no jurisdiction to try the suit,
    because the allowances were in the nature of immovable property and
    there was a bona fide dispute as to the title to them and that the plaintiffs
    could not claim a declaration of title, or ask for the refund of the
    allowances in a British Court, merely because the defendants happened to
    be residents in British territory. In Krishnaswami v. Venugopala one K
    filed in 1932 a suit in the Court of the Subordinate Judge of Trichinopoly
    for recovery of possession of certain properties movable and immovable,
    or in the alternative for partition of those properties. A large part of the
    immovable properties was situated in Burma, the others being within the
    jurisdiction of the Court of the Subordinate Judge of Trichinopoly. On 1st
    April 1937, when the Government of India Act, 1935, came into operation,
    Burma ceased to be part of India and a question was raised that the Court
    of Trichinopoly ceased to have jurisdiction thereafter in respect of the
    properties situated in Burma, and it was held by Mockett and
    Kunhiraman, JJ. that the Subordinate Judge of Trichinopoly could
    continue to pass a decree affecting the properties situated in Burma also,
    because the right to continue I a suit properly filed in a British Indian
    Court before) 1st April 1937 had not been, taken away by the Government
    of India Act, 1935
    . But it is clear from the judgment that the decision
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    would have been just the other way if the suit had been commenced after
    1st April 1937, i.e., after Burma had ceased to be part of British India. At
    page 381 Mockett, J. says:

    “It is a basic principle of private international law that no British
    Court will entertain a suit affecting immovable property in a foreign
    country, nor will a foreign judgment adjudicating on the title to
    immovable property within British jurisdiction receive recognition in
    a British Court…………The decisions of the highest Courts are
    unanimous.”

    Confronted with what certainly appears to be an insuperable obstacle in
    his way, the learned Counsel for the appellant had to concede that the
    appellant could not pray for the relief of partition in specie of the
    immovable properties in Ceylon. He also conceded that the Court could
    not adjudicate on the title to the immovable properties, or direct delivery
    of possession of such properties situate in Ceylon…..”

    75. The same view was taken earlier by the Bombay High Court in
    Abdullabhoy Esoofally Chas (supra), where the question that arose before
    the Court was whether the Bombay High Court could order administration
    and partition of the properties situated out of India, namely, partly at
    Sidhpur within the territory of Baroda State and partly in Siam. It was held
    by the Bombay High Court, after referring to several judicial precedents
    cited by counsel for Defendant No.1 therein, that Bombay High Court had
    no jurisdiction to administer immovable property out of British India.
    Therefore in my prima facie view, if part of the properties of the estate of
    the deceased is outside India, in a suit for partition this Court can exercise
    jurisdiction only in respect of properties in India and not with respect to
    those situated outside India.

    76. Senior Counsel for Defendant No.3 contested this objection and
    placed reliance on two judgments as above noted, however, none of these
    judgments are of any aid. In Harshad Chiman (supra), the suit was for
    specific performance of an agreement relating to immovable property by
    directing Defendant No.1 to execute a Sale Deed in favour of the Plaintiff

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    and deliver possession. The Supreme Court held that the proviso to
    Section 16 is based on a well-known maxim ‘equity acts in personam’
    which means that Courts can grant relief in suits respecting immovable
    property situate abroad by enforcing their judgment by process in
    personam i.e., by arrest of the Defendant or by attachment of his property
    and is an exception to the main part of Section 16. The Supreme Court
    observed that proviso cannot be interpreted to enlarge the scope of
    principle provision and since the suit related to specific performance of an
    agreement of immovable property situated outside Delhi and its
    possession, it was rightly held by the Trial Court that it had no
    jurisdiction. It is not understood, how this judgment is relevant to this case
    and aids Rani.

    77. The judgment in Rohit Kochhar (supra) is also of no help. The
    pivotal question before the Supreme Court was whether the relief sought by
    the Plaintiff in the suit for permanent injunction and specific performance of
    the contract in connection with commercial property situated in Gurgaon
    could be entirely obtained through personal obedience of the Defendants.

    Referring to the judgment in Harshad Chiman (supra), the Supreme Court
    reiterated that actions against res or property should be brought in the forum
    where the res is situate. It was observed that proviso to Section 16 will be
    applicable to a case where relief sought by the Plaintiff could be obtained
    through personal obedience of the Defendant, which means that Defendant
    has not to go out of the jurisdiction of the Court for purpose of grant of
    relief. Since the property was in Gurgaon, Defendants would require to go
    out of Delhi to execute the Sale Deed and hence, the proviso will be
    inapplicable. This judgment nowhere suggests or holds that in a partition
    suit, Court will have jurisdiction over immovable property situate outside
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    India and this prima facie also emerges from a plain reading of the
    Explanation to Section 16, which categorically stipulates ‘property’
    means property situate in India. Accordingly, the objection raised by
    Priya is prima facie tenable and no injunction can be granted qua the
    immovable properties, which are part of Sunjay’s estate, situated
    outside India. It is left open to Samaira, Kiaan and Rani Samaira to take
    recourse to appropriate remedies in this regard, in accordance with law.
    However, I am of a prima facie view that the bar under Section 16
    cannot extend to moveable properties, from a plain reading of the provision
    itself.

    78. Having heard and on examination of the material on record, I am of
    the considered view that the suspicious circumstances raised by the
    Plaintiffs cannot be overlooked and Priya will have to completely dispel and
    remove all legitimate suspicious circumstances and satisfy the judicial
    conscious of the Court that the document propounded by her is the last Will
    of Sunjay. Plaintiffs have thus made out a prima facie case that the
    assets which are subject matter of the suit need to be protected from
    dissipation and preserved, pending disposal of the suit. Balance of
    convenience also lies in favour of the Plaintiffs and in case the assets in
    question are not preserved and Priya is not restrained from
    alienating/transferring/parting with the assets in question, irreparable harm
    and injury shall be caused to the Plaintiffs. Be it reiterated that in her written
    submissions, Priya has given some concessions with respect to alienation of
    some Indian assets and this has been captured in the earlier part of this
    judgement.

    79. Accordingly, this application is partially allowed granting injunction
    in favour of the Plaintiffs pending disposal of the suit. To balance the
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    equities and preserve the corpus of the estate the following directions are
    issued:-

    (a) Priya is restrained from alienating, transferring, pledging,
    liquidating and/or in any manner, changing the equity
    shareholdings in the three Indian companies, namely, AIPL, BRS
    Finance and Investment Company Private Limited and JTEKT
    India Limited;

    (b) Priya is restrained from withdrawing any money from Employees’
    Provident Fund, which on the date of filing of the List of Assets
    had a deposit of Rs.5,22,53,980/-;

    (c) Priya is restrained from alienating, selling, transferring or pledging
    personal effects of Sunjay enumerated in the List of Assets/Will
    including watches, jewellery and artworks;

    (d) Priya is restrained from withdrawing and/or transferring or
    encumbering the money lying in the three bank accounts in the two
    Indian banks, namely, HDFC Bank and Kotak Mahindra Bank,
    save and except, to the extent of discharging liabilities towards
    Samaira and Kiaan under the decree of divorce between Sunjay
    and Karisma and for which quarterly accounts statement shall be
    filed on an affidavit in this Court;

    (e) Priya is restrained from withdrawing, transferring or in any manner
    encumbering the money in the foreign bank accounts, namely, JP
    Morgan Chase Bank and HSBC UK, as detailed in the List of
    Assets, without leave of the Court; and

    (f) Priya is restrained from selling and transferring and/or in any
    manner dealing with the cryptocurrency disclosed in the List of
    Assets, including moving it to another wallet.

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    80. Application stands disposed of in the aforesaid terms with a usual
    caveat that the observations and findings in the present judgment are only
    prima facie and will not effect the adjudication of the case on merits.

    JYOTI SINGH, J.

    APRIL 30 , 2026/YA

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