Succession Planning: What We Can Learn From Sunjay Kapur Estate Dispute Case

The high-profile dispute over the estate of the late businessman Sunjay Kapur has put succession planning under the spotlight. According to media reports, his children from his earlier marriage to actor Karisma Kapoor as well as his mother are challenging the will, alleging Kapur's wife, Priya Sachdev Kapur, is attempting to exclude them from inheritance. The Delhi High Court has asked for a full inventory of Kapur’s assets, highlighting the complexities that arise when estate planning is unclear.

At the centre of the dispute are several legal principles, and it is important to understand these in detail. Firstly, the validity of a will is critical.

Under Section 63 of the Indian Succession Act, 1925, “The testator shall sign or shall affix his mark to the will, or it shall be signed by some other person in his presence and by his direction.” It must also have the attestation of at least two witnesses. Any suggestion of coercion, fraud or undue influence can render a will contestable. Registration is optional, but it bolsters credibility and may minimise chances of disputes.

Secondly, witnesses play an important role in proving the authenticity of a will. According to Section 68 of the Evidence Act, “If a document is required by law to be attested, it shall not be used as evidence” until at least one attesting witness has been called to “prove its execution.”

This applies when the witness is alive, within the court’s reach and “capable of giving evidence.” As such, without credible witnesses, even a well-intentioned will can fail in probate, leaving heirs to rely on intestate succession laws.

Thirdly, under the Hindu Succession Act, 1956, all children are Class I heirs, entitled to equal shares alongside the widow. Class I heirs include sons, daughters, the widow, the mother, and the children or widow of any pre-deceased sons or daughters. This extends across multiple generations, such as the son or daughter of a pre-deceased son of a pre-deceased son, or the widow of a pre-deceased son of a pre-deceased son. In essence, all direct descendants and certain close relatives of pre-deceased heirs are recognised equally.

The high-profile dispute grabbing media headlines highlights the importance of clear and transparent succession planning, especially for families with huge assets or multiple marriages. Drafting a simple, well-structured will or setting up a family trust can help prevent disputes. Discussing inheritance plans openly with family members, keeping legal formalities in place, and updating documents regularly can safeguard your estate and provide peace of mind for your heirs.