MP High Court Sets Aside Trial Court Order Recognising Saif Ali Khan, His Siblings & Mother As Heirs Of Nawab Of Bhopal's Properties

The Madhya Pradesh High Court remanded a dispute concerning the private properties of the erstwhile ruler of the then state of Bhopal the Late Nawab Mohd Hamidullah Khan, to the Trial Court for fresh decision after noting that the trial court–which ruled in favour of the respondents including the Nawab's daughter, grandson actor Saif Ali Khan, his mother and siblings–had relied on a judgment which had been subsequently overruled.In doing so the court set aside the trial court's February 14, 2000 judgment and further directed the trial court to decide the matter expeditiously, as the suits were initially filed 1999.Notably, Actor Saif Ali Khan had inherited the Bhopal properties from his father's mother, Sajida Begum. The trial court had upheld the exclusive right of Begum's heirs over the ancestral properties of the Nawab of Bhopal.Justice Sanjay Dwivedi in his order said, “…since the trial Court without considering the other aspects of the matter had dismissed the suits, that too relying upon the judgment which has already been overruled by the Supreme Court, the matters need to be remanded back to the trial Court for deciding it afresh because these are the suits for partition and if ultimately, the trial Court comes to the conclusion that suits have to be allowed then share of the parties can be determined only by the trial Court while passing the preliminary decree and that can be further finalized by the trial Court itself after carrying out the necessary formalities of partition”.BackgroundThe court was hearing two appeals filed by the relatives of the late Nawab–including one filed by Begum Suraiya Rashid (since deceased represented through her legal representatives) who is stated to be wife of the son born to the late Nawab's elder brother, her daughters Mahabano (since deceased represented through legal representatives) and Niloufar as well as sons Nadir and Yawar ( both deceased represented through legal representatives)One of the appellants in the second appeal includes Nawabzadi Qamar Taj Rabia Sultan who is stated to be the later Nawab's daughter. The appellants (plaintiffs before trial court) had filed suits for partition of the suit property, possession and settling the account of estate left by the late Nawab. The respondents in the appeal include Begum Mehr Taj Nawab Sajida Sultan who is also a daughter of the late Nawab. Sajida Sultan who is since deceased is represented through her legal heirs i.e. the Mansoor Ali Khan the late Nawab of Pataudi, who is therein represented through his wife actress Sharmila Tagore, his son actor Saif Ali Khan, and daughters Saba Sultan and actress Soha Ali Khan. The appellants and respondents are stated to be the legal heirs of the late Nawab of Bhopal.The court was hearing the appellants' plea against the trial court order which had rejected the appellants' suit for partition, possession and settlement of the estate of late Nawab. The trial court had ruled that while the appellants' lawsuits were maintainable, were lawfully filed and the civil court had jurisdiction to entertain the matter. However the trial court had held that private properties of the late Nawab would not be governed by Muslim Personal Law of Succession. Appellants argued that Mohd. Hamidullah Khan was the Nawab of Bhopal riyasat and died on February 4, 1960 and claimed that the suit property was his “personal property”. Following a merger of Bhopal into the Union of India on April 30, 1949, an agreement was executed with the following terms:Clause II stated that the Nawab would retain his “special rights” after the mergerClause V stated that all the property which is their personal property, shall be of their absolute ownership and succession of the Gaddi (throne) shall be under the Bhopal Succession to the Throne Act, 1947After the Nawab's death in 1960, following Clause VI of the Bhopal Succession to the Throne Act, Sajida Sultan was declared the Ruler. Further the Government of India who is also a defendant before the trial court–in its January 10, 1962 letter stated that under Article 366(22) of Constitution of India the Nawab's personal property would be Sajida Sultan's personal property.The appellants argued before the trial court that GOI's order is not lawful, asserting that upon the death of the Nawab his personal estate should have been divided among his heirs under Muslim Personal Law, and Sajida Sultan could not be the sole owner and thus sought partition, possession and settling the account of estate.The respondents in their response before the trial court claimed that the succession under the 1947 Throne Act followed the primogeniture rule–which can be understood as the right of the first-born child to inherit their parent's estate/property. It was argued that the successor of the throne used to be the absolute successor of the personal property of the Nawab (ruler).The respondents argued that the Civil Court lacked jurisdiction since the plaintiff did not seek to ...

MP High Court Sets Aside Trial Court Order Recognising Saif Ali Khan, His Siblings & Mother As Heirs Of Nawab Of Bhopal's Properties

Jayanti Pahwa

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