Sunjay Kapur's Rs 30,000 crore fortune without a will: Who's likely to gain most?

India Today

a day ago

When industrialist Sunjay Kapur died suddenly earlier this year, he not only left behind a void for his family but also more than a vast business empire, and the question, who will inherit his vast empire?At stake is an estimated Rs 30,000 crore fortune spread across automotive interests, real estate, investments, and family trust holdings. The biggest complication: Kapur is believed to have died intestate, without leaving a legally recognised will in place since there has beem no news about it until now.In the weeks since his death, the silence around succession has been broken by a chorus of competing voices: his mother Rani Kapur, his widow Priya Sachdev Kapur, his sisters, and even mentions of his former wives.Each is, in some way, touched by the legal consequences of his absence, and by the vacuum his death has left in the control of the Sona Group, the family's flagship business.
Family tree of Sunjay Kapur
advertisementWHEN THERE'S NO WILLUnder the Hindu Succession Act, 1956, where a Hindu male dies intestate, his property devolves upon the heirs enumerated in Class I of the Schedule, all of whom inherit simultaneously and in equal shares."These Class I heirs include the widow, all sons and daughters (whether biological or lawfully adopted), and the mother, together with certain heirs of any predeceased children. The statutory scheme leaves no scope for discretion in the matter of quantum or sequence; each surviving Class I heir takes per capita, after payment of debts, funeral expenses, and other lawful liabilities. Class II heirs, agnates, and cognates succeed only in the absence of all Class I heirs," said Tushar Kumar, Advocate, Supreme Court of India.
"Applying this to the facts at hand, if the late Sunjay Kapur were to have died intestate, leaving behind his widow, his biological children from his earlier marriage to Ms. Karisma Kapoor, any stepchildren who had been legally adopted by him during his lifetime, and his mother, Rani Kapur, all these persons would qualify as Class I heirs. The estate would be divided equally among them," he added.THE MOTHER'S CLAIM
Sunjay Kapur with mother Rani Kapur
Rani Kapur, Sunjay's mother, seems to have launched the most aggressive challenge to the succession. Her reaction has been multipronged: questioning the circumstances of her son's death, alleging corporate conspiracy, and claiming her rightful inheritance based on a 2015 will.In a letter to the Sona Comstar board dated July 24, Rani alleged she was "compelled to sign various documents without explanation" while grieving and claimed her son died under "highly suspicious and unexplained circumstances". She demanded postponement of the AGM and accused unnamed individuals of seizing control during the family's mourning period.Her allegations escalated when she approached UK authorities with a formal criminal complaint, claiming Sunjay's death "may have been facilitated or orchestrated as part of a coordinated transnational conspiracy."Sona Comstar responded, issuing a legal cease-and-desist notice demanding she withdraw her "false, malicious, and damaging" statements within three days or face civil and criminal proceedings. The company firmly rejected her claims of coercion as "malafide, false, unwarranted and uncorroborated".Coming to her claim to her son's Rs 30,000 crore wealth, Rani Kapur has reportedly pointed to a will from 2015, which she claims names her as the principal beneficiary. If such a document exists, it could change the entire equation, but under Indian law, it must first survive intense scrutiny.advertisementSupreme Court advocate Tushar Agarwal explains, 'When a will is produced, the burden of proving its authenticity lies with the person presenting it. This means producing the original document, establishing that it was signed by the testator in sound mind, and proving it was attested by valid witnesses.' Any failure on these counts, he notes, could result in the will being rejected.If the 2015 will were to be contested, grounds could range from undue influence to lack of testamentary capacity or even allegations of forgery. 'Such challenges are not uncommon in high-value estates,' says Agarwal, 'and the courts typically allow all parties to lead evidence before deciding.'THE WIDOW'S POSITION
Sunjay Kapur with wife Priya S Kapur
Priya Sachdev Kapur, Sunjay's third wife whom he married in 2017, seems to have consolidated her position. Within weeks of his death, she secured her appointment as a non-executive director of Sona Comstar with overwhelming shareholder support. 99.44% approval at the July 25 Annual General Meeting.advertisementShe changed her Instagram handle from "Priya Sachdev Kapur" to "Priya Sunjay Kapur," updated her bio in an attempt to highlight her corporate roles, and declared herself as "carrying forward the vision" of her late husband.Shortly after, she deleted her entire social media presence, signalling her intent to focus on business rather than public relations.Under India's Hindu Succession Act, a widow is a Class I heir, entitled to an equal share of the estate alongside other surviving Class I heirs, namely, the mother and biological children.Yatharth Rohila, Advocate & Partner, Aeddhaas Legal LLP, explains: 'If Sunjay Kapur left no will, his widow, biological children, and mother would inherit in equal proportions. Stepchildren only inherit if they were legally adopted.'For Priya Sachdev Kapur, this legal footing is significant.THE SISTERS' STAKE
Sunjay Kapur with his sistersMandhira Kapur and Superna Motwane.
Sunjay Kapur has two sisters, Mandhira Kapur and Superna Motwane.Mandhira, in an Instagram post, admitted she and Sunjay hadn't spoken for four years due to "a silly sibling squabble escalated to crazy levels due to egos and natural bullishness".advertisement"What happened towards the end has been both horrible and pointless. I'll never have my moments with him again," she wrote, sharing childhood photographs and lamenting their broken relationship. Her posts revealed deep regret: "I would give anything to just see my bhaiya one last time and tell him how much I love him".Recent posts by Mandhira show her standing with their mother, Rani, indicating she may support her mother's claims.Sisters, under Indian intestate succession law for Hindus, are not Class I heirs if the deceased leaves behind a widow, mother, or children. They fall into Class II, meaning they inherit only if no Class I heirs survive. In this case, that would leave them with no direct claim under intestate rules, but if the alleged will favoured them, or if assets were held in a trust or joint ownership, their role could change.FORMER WIVESKarisma Kapoor's name inevitably comes up in public conversations about Kapur's personal life, but her legal standing is straightforward.
Sunjay Kapur with Karisma Kapoor
advertisement"It must be emphasised that Ms. Karisma Kapoor, having been divorced from Shri Sunjay Kapur prior to his demise, would not fall within the definition of 'widow' in Section 8 of the Hindu Succession Act," said Kumar."She would, therefore, have no right in intestate succession to his estate. Her entitlement, if any, could only arise through a valid will in her favour or under the terms of any subsisting contractual or financial settlement pursuant to the divorce," he added.
Nandita Mahtani
Nandita Mahtani, Sunjay's first wife (married 1996-2000), remained completely outside the inheritance drama, having no children with him.Her only public reaction was dropping heart emojis on sister Mandhira's emotional Instagram tribute. As a successful fashion designer, she appears to have moved entirely beyond the Kapur family orbit.THE TRUST FACTORSome of Kapur's assets are believed to be linked to the RK Family Trust and other holding entities.Rohila said, 'Trust assets follow the trust deed—not succession law—unless it's proven assets were wrongly moved into the trust..' This means that even if intestate rules favour one group, trust structures could leave significant portions of the wealth beyond their reach."Where assets are settled in a family trust, such as the RK Family Trust, their treatment depends on the nature of the deceased's interest therein. If the trust is discretionary and Sunjay Kapur held only a potential benefit at the discretion of the trustees, such interest is not inheritable property and does not devolve under intestate succession," said Kumar.He added, "Conversely, if the trust deed conferred upon him a fixed, vested, and transferable beneficial interest, that interest would pass to his legal heirs in accordance with the Act. Disputes may arise if it is alleged that amendments to the trust deed were made fraudulently or that the trust was a mere facade to divert estate assets."WHO HAS THE EDGE?
Sunjay Kapur with his family.
At this stage, Priya Sachdev Kapur, the widow, and her daughter from her first marriage, Safira Chatwal Kapur, who is said to have been legally adopted by Sunjay as per media reports, appear to have the strongest claim under default succession law.Rani Kapur's position depends entirely on the court accepting the 2015 will she claims exists. The sisters' prospects rest on either a favourable will or specific trust provisions. The trust structures themselves could prove decisive in determining how much of the Rs 30,000 crore pie is even subject to intestate division.Until the courts decide on the will's validity, or confirm there isn't one, every potential heir remains locked in a tense waiting game.(Disclaimer: The views, opinions, recommendations, and suggestions expressed by experts/brokerages in this article are their own and do not reflect the views of the India Today Group. It is advisable to consult a qualified broker or financial advisor before making any actual investment or trading choices.)- Ends