NEW DELHI: Keeping up the attack on the veracity of Sunjay Kapur ’s will , his children from actor Karisma Kapoor told the Delhi high court on Tuesday that the document uses a “feminine pronoun” to describe him.
The counsel appearing for Samaira and Kiaan Raj made the submission before Justice Jyoti Singh during the hearing of their plea challenging their father’s purported will regarding his assets , reportedly worth Rs 30,000 crore.
Senior advocate Mahesh Jethmalani said a fundamental question is if the will was signed by Sunjay or by a woman in the declaration clause.
“The author of the clause could not have been Sunjay Kapur. Clauses in question are not the handiwork or the design of the testator Sunjay Kapur. The female form of testator is used... Testator is now a ‘she’. This is an absurdity. It shows the audacity which people have to present something like this in court. In short, Sunjay Kapur signed this will as a woman?” he said. The only explanation is that it was drafted by a woman, he said.
“Unless Sunjay, with an unsound mind incapable of reading... (He) could have never signed this. It is replete with feminine pronouns. It says her last will, her witness, and her presence. The feminine pronoun is used in the most crucial parts to describe him. When you get ‘she’ and ‘her’ in four places, it is incredulous that Sunjay, with all his knowledge, could have drafted this,” the counsel said.
He highlighted that the children’s stepmother, Priya Kapur, who is the beneficiary, is silent on who prepared the will. “What is so secretive about it that you don’t want to give it to the beneficiaries? Our case is very clear, that this is not the testator’s will, here we have a fundamental question if the will was signed by the testator or by a woman in the declaration clause,” he added, also questioning why the will was not registered.
“If Sunjay Kapur really intended to bequeath all personal assets solely to his wife, what would a man do? He would have registered the will so no one can contest it. But it is not registered,” he said.
HC will resume hearing the matter on Wednesday. Last month it had asked Priya Kapur to to give a list of his assets to the court.
The counsel appearing for Samaira and Kiaan Raj made the submission before Justice Jyoti Singh during the hearing of their plea challenging their father’s purported will regarding his assets , reportedly worth Rs 30,000 crore.
Senior advocate Mahesh Jethmalani said a fundamental question is if the will was signed by Sunjay or by a woman in the declaration clause.
“The author of the clause could not have been Sunjay Kapur. Clauses in question are not the handiwork or the design of the testator Sunjay Kapur. The female form of testator is used... Testator is now a ‘she’. This is an absurdity. It shows the audacity which people have to present something like this in court. In short, Sunjay Kapur signed this will as a woman?” he said. The only explanation is that it was drafted by a woman, he said.
“Unless Sunjay, with an unsound mind incapable of reading... (He) could have never signed this. It is replete with feminine pronouns. It says her last will, her witness, and her presence. The feminine pronoun is used in the most crucial parts to describe him. When you get ‘she’ and ‘her’ in four places, it is incredulous that Sunjay, with all his knowledge, could have drafted this,” the counsel said.
He highlighted that the children’s stepmother, Priya Kapur, who is the beneficiary, is silent on who prepared the will. “What is so secretive about it that you don’t want to give it to the beneficiaries? Our case is very clear, that this is not the testator’s will, here we have a fundamental question if the will was signed by the testator or by a woman in the declaration clause,” he added, also questioning why the will was not registered.
“If Sunjay Kapur really intended to bequeath all personal assets solely to his wife, what would a man do? He would have registered the will so no one can contest it. But it is not registered,” he said.
HC will resume hearing the matter on Wednesday. Last month it had asked Priya Kapur to to give a list of his assets to the court.
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