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The dispute of assets worth Rs 30 thousand crore of businessman Sanjay Kapoor has reached the court.

Sunjay Kapur 30,000 Crore Assets Dispute Case: After the death of businessman Sanjay Kapoor, a legal battle has started among wives and family members regarding his assets worth 30 thousand crores. Both the children of Bollywood actress Karishma Kapoor, Adhara and Kian have approached the Delhi High Court to get a share in the property of father Sanjay Kapoor.

In the Bar and Bench report, Karishma's children have accused father Sanjay Kapoor's third wife and his stepmother Priya Sachdev Kapoor that she changed her father's will. Has tried to grab the entire property.

Now this whole case has raised many questions. As-

• After the death of the husband, the property will be divided by which rule?
• What rules will apply in case of will?
• What can be punished for hiding or cheating the will?
• What rights do divorced wife and children born in will?
• If the will is disputed, then from which paths can the family get their rights?

Now, before knowing the answer to these questions, we know why the dispute happened. Delhi industrialist Sanjay Kapoor died in London this year. Sanjay's wife Adhara and Kian, children of actress Karishma Kapoor, have filed a petition in the Delhi High Court seeking a share in the property.

It is alleged that Sanjay Kapoor's wife Priya Sachdev has tried to capture the entire property by changing the will. It is also alleged that the will was hidden for a long time. Now this case has become so complicated that the court may also take a long time because both the children of Karishma Kapoor, Priya Sachdev Kapoor and Sanjay's mother are directly contenders for the property, then one side is Shraddha Suri Marwah, who is claiming to be the executive of the will he herself.

Sanjay Kapoor and Priya Sachdev Kapoor.

How is property divided after her husband's death?

Supreme Court lawyer Ashwini Kumar Dubey says that the property of any dead person in India can be divided in two ways.

1. Based on the will: If the deceased has written his will and his property will go to those people whose name is recorded in the will.
2. Intestate success: If not a will, the property divided will be according to the succession law (Hindu Succession Act, 1956 or other individual laws such as Muslim Law or Christian Law). Since Sanjay Kapoor is from a Hindu family, the Hindu Succession Act, 1956 will be applicable in the case related to him.

Rules in Hindu succession act

1. Class I heirs: The wife of the deceased, son/daughter, mother, and if the son/daughter already died, then their children also have authority.
2. equal rights: All class I hears get equal stake.
3. All living wives jointly get a part in the position of more than one wife. For example, if there are wife (four), three sons and 1 daughter, then a total of eight will be made. Every stakeholder will get equal share.

Both Karishma's children have moved the court to get a share in the father's will.

What will happen in a will?

If Sanjay Kapoor has written a will and it is valid, then the property will be divided accordingly. To be valid to the will, it is necessary to fulfill the following conditions.

• It should be written (handwritten or typed).
• Two witnesses should be signed.
• The deceased should be written in his entire mental state.
• In the will, if any one wife, child or relative is also denied property, the court usually follows the will.

What is the punishment for hiding a will?

According to Supreme Court Advocate Ashwini Kumar Dubey, action will be taken under Section 343 of BNS on hiding the will. If a person hides, cancels, destroys or manipulates a will from fraud or dishonesty, he can be imprisoned for life imprisonment or for seven years, as well as a penalty.

• Forgetting forgery: Intentionally changing a will, making fake documents or making false signatures is a criminal act.
• Forgery for cheating: If forgery is done to cheat a person, then under Section 338 of BNS, there can be imprisonment and fine of up to ten years. If the will hide the will is the exercise (executive) of the estate, then he violates his legal duty to work in the interest of the deceased and the beneficiaries of the deceased.

Advocate Dubey says that despite being a will, if a case reaches the court, then first one has to prove a will. If a person is caught in hiding a will, he can be jailed and can also be denied part.

How much right to wife and children after divorce?

A divorced wife has no right over her husband's property. But children born to that wife are considered a legal child, so they get equal rights over the property of the father. That is, if Sanjay Kapoor divorced his first wife, then that wife will not get a share, but his children (if) will get equal rights.

Can the family challenge a will?

If a will and everything has been given to one person, the family can still challenge the will. Many things can be claimed on the basis. As- The deceased has been written under pressure. Mental balance is not good. Signature or witness should be fake.

If the court considers the will illegal, the property will be automatically divided according to the Hindu Succession Act.

What can happen in the Sanjay Kapoor case?

1. All three wives and their children can claim property.
2. If the will is present, the partition will be according to the will.
3. If there is a dispute over the will and the court dismisses it, then all will be equal shareholders.
4. The divorced wife will not get a share, but her children will get equal rights.
5. Criminal lawsuit can also be tried to hide the will or make fake.

Advocate Dubey says that the case of assets of 30 thousand crores of Sanjay Kapoor will become a big test of the Indian judicial system. It is clear that if the will is clean and valid, the property will be distributed in the same form. If the will is disputed, the matter may be pulled in the court for years. Divorced wife has no right, but her children have full rights. Hiding or forgery is a serious crime, no matter what.