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Administrator required to prevent misuse of Sunjay's foreign assets: Mahesh Jethmalani!

Administrator required to prevent misuse of Sunjay's foreign assets: Mahesh Jethmalani!
Without a court-appointed “administrator”, late Sona Comstar chief Sunjay Kapur’s international assets are exposed to the risk of being sold, monetized or misused by his third wife Priya Kapur -- Senior Advocate Mahesh Jethmalani has warned the Delhi High Court. Jethmalani (the counsel for Samaira and Kiaan Kapur) said this Tuesday while arguing over Sunjay’s assets in foreign jurisdictions, which are linked to the contentious Will produced by Priya, which itself has come under the Delhi HC’s close scrutiny due to multiple glaring errors.

He argued that until a final verdict is passed by the court on the inheritance dispute surrounding the Will, it is imperative to appoint an administrator not only to prevent Priya or anyone from illegally dealing with Sunjay Kapur’s foreign assets but also to avoid protracted battles in overseas courts that may ultimately deprive Sunjay’s rightful heirs from getting the justice they are currently fighting for with regards to inheritance.

Jethmalani argued that foreign assets — unlike assets in India — can be moved, refinanced or encumbered abroad with no real-time oversight, making an administrator not optional but “indispensable” until the Will’s validity is settled.

Sunjay Kapur’s overseas portfolio includes several residential properties abroad with one being in New York and at least two in the United Kingdom; international investments and foreign-linked assets tied to Aureus Investments Pvt Ltd (AIPL). Every one of these, Jethmalani pointed out, derives its ownership chain from the disputed Will submitted by Priya Kapur, a document itself under serious judicial dispute.

Advocate Pratik Thadani, senior lawyer, Bombay High Court said, “Ambiguity becomes harmful when a will is contested, particularly when foreign assets are involved. It is not wise nor equitable to leave control in the hands of a single beneficiary in circumstances where executors may fail, documents may be contested or lacking, or both. It's not about picking a side when choosing an independent administrator. It is about protecting the estate, keeping assets from being moved too soon, and making sure the court has a solid position before making a final ruling.”

The concern is simple and severe: once an unverified Will is used in another jurisdiction, transactions abroad may become irreversible, even if an Indian court later rejects the document. That risk multiplies when the executor named in the Will has neither taken custody of assets nor initiated probate, a fundamental failure that further erodes the Will’s credibility.

Jethmalani therefore pressed for immediate appointment of an administrator empowered to freeze, monitor and oversee all foreign-linked transactions until adjudication. Without such oversight, he argued, Sunjay’s international estate would remain vulnerable to actions that Indian courts may be powerless to undo.

The children’s position is clear: only an independent administrator can protect Sunjay’s global assets from cross-border misuse and safeguard the rightful inheritance of Samaira and Kiaan while the Will remains under challenge.

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