HC questions Sunjay’s wife on petition to list assets in sealed cover
In her application, Sunjay Kapur’s wife, Priya Kapur, said the list contained financial information and its unrestricted disclosure could result in irreparable harm to the parties in the partition suit
The Delhi high court on Thursday questioned Sunjay Kapur’s wife, Priya Kapur, over her request to keep the details of her late businessman husband’s assets and liabilities confidential in an ongoing partition suit filed by Samaira and Kiaan Kapur over their father’s estate, even as it asked her to suggest a method for maintaining confidentiality without restricting the children’s rights.
Samaira, (20) and Kiaan Kapur, (15) are the children of Sunjay Kapur and actor Karishma Kapoor -- the couple divorced in 2016 -- and Priya Kapur is Sunjay Kapur’s widow.
A bench of justice Jyoti Singh raised the questions while hearing Priya’s application seeking permission to file the list of personal assets and liabilities of Sunjay Kapur in a sealed cover, with an order for the parties to maintain confidentiality.
In her application, she had asserted that the list contained financial information and its unrestricted disclosure could result in irreparable harm to the parties in the partition suit. The same was filed following the court’s September 10 order asking her to file a list of Sunjay’s assets known to her as of June 12, 2025, the day he died.
This was after the children’s lawyer objected to the application, asserting that confidentiality would limit their ability to verify.
“...There is nothing left in the bank account. Insofar as property is concerned, the world should know at large that they don’t have to deal with those properties...It’s a proceeding in rem. Here they are producing a Will in a written statement. Otherwise, it is a citation in public. How much will go in a sealed cover? Then they say give a non-disclosure agreement (NDA). How will I verify...?” the lawyer said.
Considering the contentions, the court opined that such an approach was problematic, particularly because the children, as alleged beneficiaries of the estate, had the right to verify or question the asset details. The judge emphasised that binding the children by a confidentiality clause would limit their ability to question, verify the nature and extent of the assets.
“In any partnership suit, the assets are disclosed. Tell me what’s so exceptional here? The whole suit can’t be in a sealed cover. It’s problematic for the simple reason that, as the alleged beneficiary of the estate, at the end of the day,” Justice Singh said to senior advocate Shyel Trehan appearing for Priya.
She added, “They (Karishma Kapur’s children) have the right to question the assets disclosed. So tomorrow, if they have to verify and go about asking what has happened, if they are bound with the confidentiality club, how will they ever defend their case?? They’ll (children) be circumscribed with confidentiality completely.”
Justice Singh thus asked Priya’s counsel, Shyel Trehan, to suggest a method for maintaining confidentiality without restricting children’s rights by tomorrow. “I’m happy to accept the suggestion which does not affect the rights of the party to defend this case,” the judge said.
Considering the contention, Trehan agreed to come up with a holistic suggestion, which would be beneficial to all the parties in the suit.
Besides Priya, the court will also hear tomorrow an application by Sunjay Kapur’s mother, Rani Kapur, seeking a copy of the will.
Sunjay Kapur, 53, former chairperson of Sona Comstar, an automotive company, died of a heart attack while playing polo in London on June 12, leaving his company in churn. His mother Rani Kapur previously alleged that she was coerced into signing documents. On July 25, Rani Kapur wrote to the Sona Comstar board seeking deferment of the Annual General Meeting (AGM), but the meeting continued with Priya Kapur being appointed as a non-executive director of the company.
