Saif's six-decade-old family property dispute: SC stays HC's retrial order
What's the story
The Supreme Court has temporarily stayed the Madhya Pradesh High Court's June order in a property dispute case involving Bhopal's last Nawab, Hamidullah Khan. The HC had sent the case back to the trial court for fresh adjudication, which was challenged by Omar Faruq Ali and Raashid Ali, Nawab's brother's descendants. To recall, in 2000, the trial court recognized Saif Ali Khan and his sisters as legal heirs to the property. This was challenged in the HC by other claimants.
Dispute details
Dispute centers around the estate of Nawab Hamidullah
The dispute centers around the estate of Nawab Hamidullah, specifically the rights of his daughter Sajida Sultan and her son Mansoor Ali Khan (former Indian cricket captain). Their legal heirs include Saif, Soha Ali Khan, Saba Sultan, and veteran actor Sharmila Tagore. The High Court had earlier set aside a trial court judgment from February 14, 2000, that upheld their exclusive rights over the estate. The property is worth over ₹15,000 crore and includes palaces, land, and jewelry.
Legal proceedings
HC's judgment violated procedural norms, petitioners argue
The High Court had set aside the trial court's judgment on the grounds that it was based on a 1997 Allahabad High Court verdict, which was later overturned by the Supreme Court in 2019. However, instead of applying this precedent and deciding the case conclusively, the High Court remanded it for re-evaluation. Senior advocate Devadutt Kamat, representing the petitioners, argued that this remand order violated procedural norms under the Civil Procedure Code (CPC).
Case history
Dispute dates back to civil suits filed in 1999
The dispute dates back to civil suits filed in 1999 by members of Nawab's extended family, including Begum Suraiya Rashid (deceased) and her children Mahabano (deceased), Niloufar, Nadir, and Yawar. They sought partition, possession, and equitable settlement of the Nawab's private estate. The trial court ruled in favor of Sajida (Saif's grandmother), stating that the estate was not subject to Muslim Personal Law and had devolved upon her under constitutional provisions.
Official recognition
Respondents maintained succession followed primogeniture
After Nawab's death in 1960, the Government issued a 1962 certificate recognizing Sajida as both the ruler and the heir to the personal estate under Article 366(22) of the Constitution. However, some plaintiffs argued that this certificate should not bar equitable partition among all legal heirs under Muslim Personal Law. The respondents, including Saif's family, maintained that succession followed primogeniture (a law where the eldest child inherits the estate) and Sajida rightfully inherited both the royal title and properties.
Next steps
Respondents given 4 weeks to reply
The Supreme Court has given the respondents, including Tagore, Saif, Soha and other family members, four weeks to reply. The case is likely to be heard in the second week of September. The dispute over the Nawab's private property has been ongoing for six decades now and involves complex legal issues related to inheritance laws.