Setback for Saif, kin over Rs 15,000 cr ancestral property as MP High Court orders retrial of ownership rights

Jabalpur: In a setback for actor Saif Ali Khan and his family, who inherited Rs 15,000 crore properties owned by Bhopal's erstwhile rulers, the Madhya Pradesh High Court has set aside the trial court's verdict given over two decades ago, and ordered a retrial in the case.

In its order passed on June 30, the single bench of high court of Justice Sanjay Dwivedi set aside the judgment and decree of the trial court which upheld Pataudis (Saif Ali Khan, his mother Sharmila Tagore and his two sisters Soha and Saba) to be the owners of the properties.

It also directed the trial court to make all possible efforts to conclude and decide the matter within one year.

Nawab Hamidullah was the last ruling Nawab of the princely state of Bhopal. He and his wife Maimoona Sultan had three daughters - Abida, Sajida and Rabia. Sajida married Iftikhar Ali Khan Pataudi and became the Nawab Begum of Bhopal. Their son, Mansoor Ali Khan Pataudi, former Indian cricket team skipper married Sharmila Tagore.

After Nawab Hamidullah's eldest daughter Abida migrated to Pakistan, Sajida became the owner of the properties. Later, her son Mansoor Ali Khan Pataudi (Tiger Pataudi, who married Sharmila Tagore) became the successor of these properties estimated to be valued at nearly Rs 15,000 crore, which were inherited by Saif Ali and his siblings.

The two appeals, one filed by Begum Suraiya Rashid and others, and another by Nawab Mehr Taj Sajida Sultan and others, all heirs of late Nawab Mohammad Hamidullah Khan, said the trial court had dismissed their suits against what they called as unfair partition of royal property.

In their pleas, they stated that the Bhopal district court's judgement and decree dated February 14, 2000 dismissed their suits unfairly.

Their lawyers pleaded that the partition of his (Nawab's) personal property should have been done between them and defendants Saif Ali, Sharmila and 16 other heirs as per the Muslim Personal Law.

The appellants opposed the defendants (Pataudis) for citing the certificate issued by the Government of India on January 10, 1962 in favour of Sajida Begum as the sole successor of all the private properties.

Justice Dwivedi said, "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," the court ordered.

"I am 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 my opinion, the impugned judgment and decree deserve to be and are hereby set aside," the judge said.

"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," it said.

On April 30, 1949, Bhopal Riyasat (princely state of Bhopal) was merged in the Union of India under an agreement in writing, the order 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," it added.