Setback for Saif in ₹15000-crore Pataudi property dispute in Bhopal
Setback for Saif in ₹15000-crore Pataudi property dispute in Bhopal
Earlier this weekend renowned actor Saif Ali Khan and his family faced a major setback earlier this weekend after the Madhya Pradesh high court set aside a 25-year-old order that upheld their right over the property they inherited, worth a whopping ₹15,000 crore, and ordered a fresh trial.
The judgment and decree passed by a trial court two decades back upheld Saif Ali Khan and his family — mother Sharmila Tagore and sisters Soha Ali Khan and Saba Ali Khan – as the rightful owners of the properties they inherited from the erstwhile rulers of the princely state of Bhopal. However, high court justice Sanjay Dwivedi has now set that order aside and has asked the trial court to conduct a fresh trial and make efforts to settle the case within a year, reported PTI.
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How Saif Ali Khan, his family inherited the wealth
The last ruling nawab of Bhopal – Nawab Hamidullah – had three daughters named Abida, Sajida and Rabia. Sajida married Iftikhar Ali Khan Pataudi and become the Nawab Begum of Bhopal. After her elder sister Abida migrated to Pakistan, Sajida inherited their parents’ property, which later went to her son Mansoor Ali Khan Pataudi.
Mansoor Ali Khan Pataudi, also recognised as Tiger Pataudi, married Bollywood actor Sharmila Tagore and had three children – Saif Ali Khan,
Soha Ali Khan and Saba Ali Khan who inherited the property worth around ₹15,000 crore.
Challenge to their inheritance
Hamidullah challenged the inheritance by the Pataudi siblings. Begum Suraiya Rashid and Nawab Mehr Taj Sajida Sultan, along with others had filed suits against ‘unfair’ partition of the property of Nawab Hamidullah.
However, as per two separate appeals filed by them, the Bhopal district court ‘unfairly’ dismissed their suit in a judgement dated February 14, 2000.
As per Accorllytþ their lawyers, the partition of Nawab Hamidullah’s personal property should have been done between them and defendants Saif Ali, Sharmila and 16 other heirs as per the Muslim Personal Law, reported PTI.
The Government of India had issued a certificate on January 10, 1962, in favour of Saif Ali Khan’s grandmother Sajida, naming her the sole successor of all the private properties of the Nawab. The certificate was cited by the Pataudi’s to retain their claim over the wealth. However, the appellants have opposed the citation in their appeal.
What Madhya Pradesh high court said
The single bench of Justice Sanjay Dwivedi has set the trial court’s decades’ old decree aside and asked it to decide on the matter again. It also directed the court to allow parties to present fresh evidence if required.
Justice Dwivedi said,
His Order said that
“The matters are remanded back to the trial court for deciding it afresh.”
“And if so required, the trial court can allow the parties to lead further evidence in view of the subsequent development and changed legal position,” said his order.
As per Justice Dwivedi setting aside the 2000 judgement of the trial court, it dismissed the appellants’ suits based on judgement that has been overruled by the Supreme Court.
Further adding that he is of the opinion that the trial court, without considering other aspects of the matter, had dismissed the suits, that too relying upon the judgment which has already been overruled by the Supreme Court. Thus, in his opinion, the impugned judgment and decree deserve to be and are hereby set aside.
“It is made clear that since the suits were initially filed in 1999, therefore, the trial court shall make all possible efforts to conclude and decide it expeditiously, preferably within a period of one year.
The order also added that the princely state of Bhopal merged with the Union of India after independence on April 30, 1949 under an agreement that read, “The agreement contained a clause revealing that after the merger, all the special rights which the Nawab (Ruler) had, shall remain continued and according to the agreement, it was agreed that all the property which is their personal property, shall be of their absolute ownership and succession of the Gaddi (throne) shall be under the Bhopal Succession to the Throne Act, 1947.”
News Edit KV Raman
