Madhya Pradesh HC Orders Fresh Trial Over Ancestral Bhopal Property Ownership
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The Madhya Pradesh Excessive Court docket has cancelled a 20-year-old verdict linked to the Bhopal royal property, ordering a recent trial. This comes as a significant aid to Saif Ali Khan and his household over the disputed inheritance.
The Madhya Pradesh Excessive Court docket delivered a big setback that actor Saif Ali Khan and his household, who inherited properties value Rs.5,000 crore from the previous royal household of Bhopal, by cancelling a trial court docket verdict given over 20 years in the past and ordering a recent trial.
In an order issued on June 30, Justice Sanjay Dwivedi from the one bench put aside the sooner judgment and decree, which had affirmed that the Pataudi household (Saif Ali Khan, his mom Sharmila Tagore, and his sisters Soha and Saba) have been the rightful homeowners of the properties.
The court docket has instructed the trial court docket to make each effort to conclude the retrial inside one 12 months.
Nawab Hamidullah was the ultimate ruling Nawab of Bhopal, and after his migration to Pakistan, his daughter Sajida, who married Iftikhar Ali Khan Pataudi and have become Nawab Begum of Bhopal, inherited the properties.
Their son, Mansoor Ali Khan Pataudi, generally known as Tiger Pataudi, later married Sharmila Tagore and succeeded to those belongings, which are actually claimed by Saif Ali and his siblings.
The appeals, one from Begum Suraiya Rashid and others, and one other from Nawab Mehr Taj Sajida Sultan and others, who’re all heirs of the late Nawab Mohammad Hamidullah Khan, argued that the trial court docket unjustly dismissed their fits relating to the division of royal property.
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Their authorized representatives contended that the partition of the Nawab’s private belongings ought to have adopted the Muslim Private Legislation amongst all heirs, together with the Pataudis.
The appellants contested the Pataudis’ reliance on a authorities certificates issued on January 10, 1962, which acknowledged Sajida Begum as the only successor of all non-public properties.
Justice Dwivedi said,
“The issues are remanded again to the trial court docket for deciding it afresh.”
He added,
“And if that’s the case required, the trial court docket can enable the events to steer additional proof in view of the following improvement and altered authorized place.”
The decide expressed concern that the trial court docket had dismissed the fits with out adequately contemplating varied facets, relying as an alternative on a judgment that had already been overruled by the Supreme Court docket.
He concluded,
“Thus, in my view, the impugned judgment and decree should be and are hereby put aside.”
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The court docket emphasised that, because the fits have been filed in 1999, the trial court docket ought to make all potential efforts to expedite the method, ideally inside a 12 months.
The princely state of Bhopal, On April 30, 1949, was merged into the Union of India underneath a written settlement, which stipulated that each one particular rights held by the Nawab would persist, and that private properties would stay underneath their absolute possession, with succession ruled by the Bhopal Succession to the Throne Act of 1947.
