After High Court jolt, Saif Ali Khan's family property dispute lands in top court

India Today

3 days ago

Seventy-five years after Independence, a six-decade-old battle over the private property of the last Nawab of Bhopal has now reached the Supreme Court.On Friday, a bench of Justices PS Narasimha and Atul S Chandurkar put on hold a recent Madhya Pradesh High Court order and issued notices to the descendants of the Nawab's two daughters. This includes actor Sharmila Tagore, her children Saif Ali Khan and Soha Ali Khan, as well as cousins from the Nawab's second daughter's side.advertisementThe dispute involves the estate of the late Nawab Haji Mohammad Hamidullah Khan, who died in 1962. The property, worth over Rs 15,000 crore, includes palaces, land, and jewellery.HOW THE DISPUTE BEGAN
As far as the royal title was concerned, the Nawab's eldest daughter, Mehr Taj Sajida Sultan Begum, was declared heir to the 'throne' in 1960 under the rule of primogeniture—a law where the eldest child inherits the entire estate—and the Bhopal Accession Act.However, in May this year, the Madhya Pradesh High Court ruled that this rule would not apply to the Nawab's private property. Instead, it said such property should be inherited under the personal law of the deceased. For Muslims, this means division according to Muslim personal law, which provides for distribution of property among children and brothers.The High Court referred to a 2019 Supreme Court judgment that said the private property of former rulers must be inherited according to personal laws and not the rule of primogeniture. However, instead of dividing the property, it sent the case back to the trial court to decide.EARLIER DEVELOPMENTS IN TRIAL COURTIn 2000, the trial court had recognised Saif Ali Khan and his sisters—as descendants of Sajida Sultan—as legal heirs to the property. This was challenged in the High Court by other claimants, including descendants of the Nawab's brother and other daughters.Saif's family had argued that since they were heirs to the 'gaddi' (royal seat) through Sajida Sultan, they should also inherit all the private property. While the trial court accepted this view, the High Court overturned it 25 years later and ordered the trial court to hear the case afresh.WHAT'S BEFORE SUPREME COURT NOWThe Nawab's brother's family, represented by Omar Faruq Ali, has petitioned the Supreme Court. They say that once the High Court decided the property should be divided under Muslim personal law, it should have gone ahead and determined each heir's share instead of sending it back to the trial court.During the brief hearing, senior advocate Devdatt Kamath and advocate Aadil Singh Boparai argued that the High Court's decision to restart the case was wrong, especially since neither side had asked for new evidence or a retrial.advertisement'This is a fresh civil suit involving the Nawab of Bhopal's estate. After 50 years, the appellate court remands it to the trial court, despite neither party seeking a remand or additional evidence. The court cites the SC judgment in Talat Fatima to justify a fresh trial and directs that evidence be recorded anew,' submitted Kamath.They also pointed out that the High Court had barred anyone from creating third-party rights—meaning Saif Ali Khan's family cannot sell, lease, or transfer the property until the partition issue is settled.The Supreme Court has given the respondents—including Sharmila Tagore, Saif, Soha, and other relatives—four weeks to reply. The case is likely to be heard in the second week of September.- EndsTrending Reel