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Supreme Court stays M.P. High Court order in Saif Ali Khan family property dispute
Supreme Court stays M.P. High Court order in Saif Ali Khan family property dispute

The Hindu

time2 days ago

  • Politics
  • The Hindu

Supreme Court stays M.P. High Court order in Saif Ali Khan family property dispute

The Supreme Court on Friday granted an interim stay on a Madhya Pradesh High Court order remanding a decades-old property dispute involving the royal estate of Bhopal's last Nawab, Hamidullah Khan, to the trial court for fresh adjudication. Also Read | M.P. High Court reverses lower court order that granted ownership of ancestral properties to Saif Ali Khan, family A Bench comprising Justices P.S. Narasimha and Atul Chandurkar issued notice on a plea of Omar Faruq Ali and Raashid Ali, descendants of the elder brother of Nawab Hamidullah Khan, against the High Court's order of June 30. The petitioners have challenged the High Court's decision to set aside a February 14, 2000, trial court judgment that upheld the exclusive rights of Nawab's daughter Sajida Sultan, her son Mansoor Ali Khan (former India cricket captain), and their legal heirs, actor Saif Ali Khan, Soha Ali Khan, Saba Sultan, and veteran actress Sharmila Tagore, over the estate. The High Court said the trial court's ruling was based on a 1997 Allahabad High Court verdict, which was later overturned by the Supreme Court in 2019. However, instead of applying the 2019 precedent and deciding the case conclusively, the High Court remanded the matter for re-evaluation. Senior advocate Devadutt Kamat, appearing for the petitioners, said the High Court remand order was contrary to the procedural norms outlined under the Civil Procedure Code (CPC). The case has its origins in civil suits filed in 1999 by members of the Nawab's extended family, including the late Begum Suraiya Rashid and her children, Mahabano (also deceased), Niloufar, Nadir, and Yawar, as well as Nawabzadi Qamar Taj Rabia Sultan, another daughter of the Nawab. The plaintiffs sought partition, possession, and equitable settlement of the Nawab's private estate. The trial court ruled in favour of Sajida Sultan, stating the estate was not subject to Muslim Personal Law and had devolved upon her under constitutional provisions. Following the Nawab's death in 1960, the Government of India issued a 1962 certificate recognising Sajida Sultan as both the ruler and rightful heir to the personal estate under Article 366(22) of the Constitution. The plaintiffs, however, contended the Nawab's personal estate should be distributed among all legal heirs under Muslim Personal Law. They also pointed out the 1962 certificate was not formally contested but claimed it should not bar equitable partition. The respondents, including actor Saif Ali Khan and his family, argued succession followed the rule of primogeniture and Sajida Sultan had rightfully inherited both the royal title (Gaddi) and personal properties. While overturning the trial court ruling, the High Court remanded the case. The petitioners moved the top court seeking reversal of the remand order.

Top Court Stays Madhya Pradesh Order In Saif Ali Khan Family Property Dispute
Top Court Stays Madhya Pradesh Order In Saif Ali Khan Family Property Dispute

NDTV

time2 days ago

  • Politics
  • NDTV

Top Court Stays Madhya Pradesh Order In Saif Ali Khan Family Property Dispute

New Delhi: The Supreme Court on Friday granted an interim stay on a Madhya Pradesh High Court order remanding a decades-old property dispute involving the royal estate of Bhopal's last Nawab, Hamidullah Khan, to the trial court for fresh adjudication. A bench comprising Justices P S Narasimha and Atul Chandurkar issued notice on a plea of Omar Faruq Ali and Raashid Ali, descendants of the elder brother of Nawab Hamidullah Khan, against the high court's order of June 30. The petitioners have challenged the high court's decision to set aside a February 14, 2000, trial court judgment that upheld the exclusive rights of Nawab's daughter Sajida Sultan, her son Mansoor Ali Khan (former India cricket captain), and their legal heirs, actor Saif Ali Khan, Soha Ali Khan, Saba Sultan, and veteran actress Sharmila Tagore, over the estate. The high court said the trial court's ruling was based on a 1997 Allahabad High Court verdict which was later overturned by the Supreme Court in 2019. However, instead of applying the 2019 precedent and deciding the case conclusively, the high court remanded the matter for re-evaluation. Senior advocate Devadutt Kamat, appearing for the petitioners, said the high court remand order was contrary to the procedural norms outlined under the Civil Procedure Code (CPC). The case has its origins in civil suits filed in 1999 by members of the Nawab's extended family, including the late Begum Suraiya Rashid and her children, Mahabano (also deceased), Niloufar, Nadir, and Yawar, as well as Nawabzadi Qamar Taj Rabia Sultan, another daughter of the Nawab. The plaintiffs sought partition, possession, and equitable settlement of the Nawab's private estate. The trial court ruled in favor of Sajida Sultan, stating the estate was not subject to Muslim Personal Law and had devolved upon her under constitutional provisions. Following the Nawab's death in 1960, the Government of India issued a 1962 certificate recognising Sajida Sultan as both the ruler and rightful heir to the personal estate under Article 366(22) of the Constitution. The plaintiffs, however, contended the Nawab's personal estate should be distributed among all legal heirs under Muslim Personal Law. They also pointed out the 1962 certificate was not formally contested but claimed it should not bar equitable partition. The respondents, including actor Saif Ali Khan and his family, argued succession followed the rule of primogeniture and Sajida Sultan had rightfully inherited both the royal title (Gaddi) and personal properties. While overturning the trial court ruling, the high court remanded the case. The petitioners moved the top court seeking reversal of the remand order.

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

India Today

time2 days ago

  • Politics
  • India Today

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

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 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 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 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 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 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 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 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 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 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 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 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 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

SC stays MP HC order in Saif Ali Khan's family property dispute
SC stays MP HC order in Saif Ali Khan's family property dispute

Hindustan Times

time2 days ago

  • Politics
  • Hindustan Times

SC stays MP HC order in Saif Ali Khan's family property dispute

The Supreme Court on Friday granted an interim stay on a Madhya Pradesh High Court order remanding a decades-old property dispute involving the royal estate of Bhopal's last Nawab, Hamidullah Khan, to the trial court for fresh adjudication. Actor Saif Ali Khan during an event in Mumbai.(ANI) A bench comprising Justices P S Narasimha and Atul Chandurkar issued notice on a plea of Omar Faruq Ali and Raashid Ali, descendants of the elder brother of Nawab Hamidullah Khan, against the high court's order of June 30. The petitioners have challenged the high court's decision to set aside a February 14, 2000, trial court judgment that upheld the exclusive rights of Nawab's daughter Sajida Sultan, her son Mansoor Ali Khan (former India cricket captain), and their legal heirs, actor Saif Ali Khan, Soha Ali Khan, Saba Sultan, and veteran actress Sharmila Tagore, over the estate. The high court said the trial court's ruling was based on a 1997 Allahabad High Court verdict which was later overturned by the Supreme Court in 2019. However, instead of applying the 2019 precedent and deciding the case conclusively, the high court remanded the matter for re-evaluation. Senior advocate Devadutt Kamat, appearing for the petitioners, said the high court remand order was contrary to the procedural norms outlined under the Civil Procedure Code (CPC). The case has its origins in civil suits filed in 1999 by members of the Nawab's extended family, including the late Begum Suraiya Rashid and her children, Mahabano (also deceased), Niloufar, Nadir, and Yawar, as well as Nawabzadi Qamar Taj Rabia Sultan, another daughter of the Nawab. The plaintiffs sought partition, possession, and equitable settlement of the Nawab's private estate. The trial court ruled in favor of Sajida Sultan, stating the estate was not subject to Muslim Personal Law and had devolved upon her under constitutional provisions. Following the Nawab's death in 1960, the Government of India issued a 1962 certificate recognising Sajida Sultan as both the ruler and rightful heir to the personal estate under Article 366(22) of the Constitution. The plaintiffs, however, contended the Nawab's personal estate should be distributed among all legal heirs under Muslim Personal Law. They also pointed out the 1962 certificate was not formally contested but claimed it should not bar equitable partition. The respondents, including actor Saif Ali Khan and his family, argued succession followed the rule of primogeniture and Sajida Sultan had rightfully inherited both the royal title (Gaddi) and personal properties. While overturning the trial court ruling, the high court remanded the case. The petitioners moved the top court seeking reversal of the remand order.

Supreme Court halts MP HC order in Saif Ali Khan family estate dispute
Supreme Court halts MP HC order in Saif Ali Khan family estate dispute

Business Standard

time2 days ago

  • Politics
  • Business Standard

Supreme Court halts MP HC order in Saif Ali Khan family estate dispute

The Supreme Court on Friday granted an interim stay on a Madhya Pradesh High Court order remanding a decades-old property dispute involving the royal estate of Bhopal's last Nawab, Hamidullah Khan, to the trial court for fresh adjudication. A bench comprising Justices P S Narasimha and Atul Chandurkar issued notice on a plea of Omar Faruq Ali and Raashid Ali, descendants of the elder brother of Nawab Hamidullah Khan, against the high court's order of June 30. The petitioners have challenged the high court's decision to set aside a February 14, 2000, trial court judgment that upheld the exclusive rights of Nawab's daughter Sajida Sultan, her son Mansoor Ali Khan (former India cricket captain), and their legal heirs, actor Saif Ali Khan, Soha Ali Khan, Saba Sultan, and veteran actress Sharmila Tagore, over the estate. The high court said the trial court's ruling was based on a 1997 Allahabad High Court verdict which was later overturned by the Supreme Court in 2019. However, instead of applying the 2019 precedent and deciding the case conclusively, the high court remanded the matter for re-evaluation. Senior advocate Devadutt Kamat, appearing for the petitioners, said the high court remand order was contrary to the procedural norms outlined under the Civil Procedure Code (CPC). The case has its origins in civil suits filed in 1999 by members of the Nawab's extended family, including the late Begum Suraiya Rashid and her children, Mahabano (also deceased), Niloufar, Nadir, and Yawar, as well as Nawabzadi Qamar Taj Rabia Sultan, another daughter of the Nawab. The plaintiffs sought partition, possession, and equitable settlement of the Nawab's private estate. The trial court ruled in favor of Sajida Sultan, stating the estate was not subject to Muslim Personal Law and had devolved upon her under constitutional provisions. Following the Nawab's death in 1960, the Government of India issued a 1962 certificate recognising Sajida Sultan as both the ruler and rightful heir to the personal estate under Article 366(22) of the Constitution. The plaintiffs, however, contended the Nawab's personal estate should be distributed among all legal heirs under Muslim Personal Law. They also pointed out the 1962 certificate was not formally contested but claimed it should not bar equitable partition. The respondents, including actor Saif Ali Khan and his family, argued succession followed the rule of primogeniture and Sajida Sultan had rightfully inherited both the royal title (Gaddi) and personal properties. While overturning the trial court ruling, the high court remanded the case. The petitioners moved the top court seeking reversal of the remand order.

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