Latest news with #BhopalMergerAgreementof1949
Time of India
05-07-2025
- Entertainment
- Time of India
Massive blow to Saif Ali Khan, family, in Rs 15,000 crore ancestral Bhopal property case, after High Court verdict
In a major turn of events concerning one of Bhopal's most prolonged legal battles over royal inheritance, the Madhya Pradesh High Court has overturned a 20-year-old decision issued by a trial court. This decision breathes new life into a case involving the descendants of the former Nawab of Bhopal , Mohammad Hamidullah Khan—notably actor Saif Ali Khan , his sisters Soha and Saba, and their mother, veteran actress Sharmila Tagore. Legal Basis Challenged by the High Court According to a report from IANS, the earlier trial court judgment had leaned heavily on a precedent set by the Allahabad High Court in the Talat Fatima Hasan case. That precedent has since been struck down by the Supreme Court in 2020, which clarified that personal property of former royals must follow personal succession laws rather than be treated as political inheritance determined solely by appointments to titular positions. Because the trial court's decision had drawn extensively from this now-defunct legal reasoning, the High Court concluded that the earlier verdict could no longer stand. Under the authority granted by Order 14 Rule 23A of the Civil Procedure Code, the case was remanded for a full retrial, offering all concerned parties a chance to present their claims again under current legal standards. Property Claims Span Generations The conflict traces its roots back to 1999, when two civil suits were initiated seeking division, possession, and detailed accounting of the royal family's ancestral assets. These assets include several lavish properties, both within and beyond Bhopal. The petitioners argued that upon Nawab Hamidullah Khan's death in 1960, his wealth—classified as personal property—should have passed equally to his legal heirs under the principles of Muslim Personal Law . They opposed the claim that all the wealth should go solely to his daughter, Begum Sajida Sultan. However, the Indian government had declared Sajida Sultan as the exclusive heir through a formal communication dated January 10, 1962. This recognition was anchored in the Bhopal Merger Agreement of 1949 and supported by Article 366(22) of the Indian Constitution. In defense, it was maintained that according to the traditions of royal succession and the terms laid out in the merger, all personal property should go to the appointed successor to the Gaddi, or royal throne, and not be distributed among other descendants. Court Urges Swift Disposal of Retrial Noting that the case has already lingered for over 20 years, the High Court instructed the lower court to handle the retrial with urgency, aiming to wrap up the proceedings within a year. The case has reignited public interest in one of India's most fabled princely dynasties, where longstanding traditions, constitutional provisions, and religious laws are colliding in the battle for inheritance. New Complications Arise With 'Enemy Property' Classification Saif Ali Khan's legal entanglements deepened when the High Court dismissed his objection to a government initiative that categorized a portion of his family's properties in Bhopal—collectively estimated to be worth Rs 15,000 crore—as "enemy property." This categorization stems from a 2014 notification issued by the Custodian of Enemy Property Department. The government cited the Enemy Property Act to assert control over several prime assets, arguing that these estates belong to individuals who migrated to Pakistan after Partition. Properties affected include Saif's childhood residence, Flag Staff House, as well as the Noor-Us-Sabah Palace, Dar-Us-Salam, Bungalow of Habibi, Ahmedabad Palace, and the Kohefiza Property. In 2015, Saif managed to secure a temporary stay against this declaration from the High Court. However, the court lifted that stay on December 13, 2024. In its latest ruling, the court granted the family a 30-day window to submit their claims and reassert ownership—but no applications were filed during this period. A Royal Lineage Under Scrutiny The original Nawab, Hamidullah Khan, had three daughters. One of them, Abida Sultan, migrated to Pakistan, while the other two, including Sajida Sultan—Saif's grandmother—remained in India. The government's claim over the properties hinges on the fact that one sibling moved to Pakistan, thus branding the estate as enemy property. Saif's family has contested this logic, arguing that inheritance should have followed the lineage that remained in India. Saif Ali Khan's Career Continues Amid Legal Drama While the courtroom developments unfold, Saif Ali Khan continues to focus on his film career. He was last seen in the Netflix project Jewel Thief and is currently preparing for the next installment of the action-thriller franchise Race 4. Additionally, he is set to share the screen with Akshay Kumar in an upcoming film titled Haiwaan, directed by Priyadarshan.
NDTV
04-07-2025
- Politics
- NDTV
Setback For Saif Ali Khan, Family As Rs 15,000 Crore Property Case Goes To Retrial
Jabalpur: In a major judicial development concerning one of Bhopal's most protracted royal property disputes, the Madhya Pradesh High Court has set aside a two-decade-old trial court judgment and ordered a fresh hearing in the celebrated case involving the descendants of the erstwhile Nawab of Bhopal, late Mohammad Hamidullah Khan. A single bench of Justice Sanjay Dwivedi, delivering the verdict on first appeals, ruled that the civil suits pertaining to the division of the Nawab's estate were erroneously dismissed by the District Court, Bhopal, in 2000. The trial court had based its ruling on a now over-ruled precedent laid down by the Allahabad High Court in the Talat Fatima Hasan case. The appellants, comprising multiple family members including noted celluloid figure Sharmila Tagore, Saif Ali Khan and his sister. Two civil suits were filed in 1999 seeking partition, possession, and a proper accounting of the ancestral estate that includes an expansive list of properties across categories. They contended that, upon Nawab Hamidullah Khan's death in 1960, the properties -- asserted to be his personal holdings -- should have devolved upon his heirs under Muslim Personal Law, and not solely upon his daughter, Begum Sajida Sultan. However, the Government of India had, through a letter dated January 10, 1962, recognised Sajida Sultan as the sole successor, citing the Bhopal Merger Agreement of 1949 and provisions under Article 366(22) of the Constitution. The defence argued that under the law of primogeniture and terms of the merger, the ruler's private properties passed entirely to the appointed successor of the Gaddi - not to be divided amongst heirs. The High Court has now found fault with the trial court's heavy reliance on the Allahabad judgment, which the Supreme Court explicitly overturned in 2020, affirming that private property of erstwhile rulers must be treated under personal succession laws and not merely as political inheritance. Given the "outdated legal basis" of the original ruling and the nature of the dispute, which hinges on familial succession and claims over significant immovable property, the High Court invoked its powers under Order 14 Rule 23A of the Civil Procedure Code to remand the matter back for retrial. Acknowledging the long pendency of the case - originally filed more than two decades ago - the Court urged the lower court to expedite proceedings and ideally conclude the trial within one year. The judgment signals a renewed legal battle over the legacy and wealth of one of India's most storied princely houses, where tradition, law, and lineage continue to intersect in complex and often contested ways.
