Supreme Court Stays MP HC Order Setting Aside Declaration Of Saif Ali Khan, Siblings & Mother As Heirs Of Last Nawab Of Bhopal

The Supreme Court on Friday (August 8) today granted an interim stay on MP High Court's direction to remand a long-standing property dispute involving the private estate of actor Saif Ali Khan's ancestor and Bhopal's last ruler Nawab Hamidullah Khan back to the trial court for fresh adjudication.

A bench comprising Justice PS Narasimha and Justice Atul Chandurkar issued notice on the plea filed by Omar and Raashid Ali, heirs of the elder brother of the late Nawab Mohd Hamidullah Khan – the last ruler of the erstwhile Bhopal state – challenging the Madhya Pradesh High Court's June 30, 2025 order.

The High Court had set aside the trial court's February 14, 2000 judgment, which upheld the exclusive right of Sajida Sultan, the Nawab's daughter, her son the late Mansoor Ali Khan and her heirs actor Saif Ali Khan, Soha Ali Khan, Saba Sultan and actress Sharmila Tagore to the Nawab's estate.

It found that the trial court had relied on a 1997 Allahabad High Court judgment that was later overruled by the Supreme Court in 2019. However, instead of applying that legal position and disposing of the matter, the High Court had remanded the case.

Appearing for the petitioners, Senior Advocate Devadutt Kamat submitted that the remand order was contrary to the provisions of Order XLI Rules 23 to 25 of the Civil Procedure Code. “After 50 years, the appellate court on principles unknown to Order 41 Rule 23 to 25 remands the matter back to the trial court. There was no case of remand made out either by the plaintiff or by the defendant. No request to lead additional evidence,” Kamat argued.

He further pointed out that the High Court had recorded that the Supreme Court had accepted the plaintiff's point of view in a later judgment Talat Fatima Hasan v. Syed Murtaza Ali Khan (2019). "The appellate court says that after the trial court judgement Supreme Court has accepted the plaintiff's point of view. That is completely in our favour. So remands the entire matter back and says evidence has to be led afresh!"

After hearing Kamat briefly, the Court issued notice and granted the stay.

Background

The High Court's order arose from two appeals filed by the Nawab's relatives, including Begum Suraiya Rashid (since deceased) and her children Mahabano (also deceased), Niloufar, Nadir and Yawar – now represented by their legal heirs, including the present petitioners – and Nawabzadi Qamar Taj Rabia Sultan, another daughter of the Nawab. They had filed civil suits in 1999 seeking partition, possession, and settlement of the Nawab's estate.

The trial court had held that the Nawab's personal property would not be governed by Muslim Personal Law.

After Nawab's death in 1960, Sajida Sultan was declared the Ruler. The Government of India issued a letter in 1962 stating that under Article 366(22) of the Constitution, the Nawab's personal property became Sajida Sultan's.

The plaintiffs argued that the Nawab's personal estate should be divided among all legal heirs.

The respondents argued that succession followed the rule of primogeniture and that Sajida Sultan, as ruler, inherited both the Gaddi and the Nawab's personal properties. They also contended that the plaintiffs had not challenged the 1962 certificate and sought dismissal under Order 7 Rule 11 CPC.

The High Court found that the trial court had relied on a judgment that was overturned by the Supreme Court in Talat Fatima Hasan v. Syed Murtaza Ali Khan (2019), which held that succession must be decided as per personal law. Invoking Order 14 Rule 23A CPC, the High Court remanded the matter for a fresh decision.

The petitioners have now approached the Supreme Court challenging the remand.

Senior Advocate Devadutt Kamat along with advocate Aadil Singh Boparai appeared for the petitioners.

Case no. – SLP(C) No. 21981-21982/2025 Diary No. 42592 / 2025

Case Title – Omar Faruq Ali v. Sharmila Tagore

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