Troubles mount for Saif Ali Khan and his family as their Rs 15,000 crore property dispute heads for a retrial
**Madhya Pradesh High Court Orders Fresh Hearing in Royal Property Dispute**
The Madhya Pradesh High Court has ordered a fresh hearing in a long-standing dispute over the ancestral estate of the Nawab of Bhopal, Mohammad Hamidullah Khan. The case, originally filed in 1999, involves multiple family members, including Sharmila Tagore, Saif Ali Khan, and his sister, who argue that the properties should have devolved upon the Nawab's heirs under Muslim Personal Law.
The High Court invoked its powers under Order 14 Rule 23A of the Civil Procedure Code to remand the matter back for retrial, citing the Supreme Court's affirmation that private property of erstwhile rulers must be treated under personal succession laws, not merely as political inheritance.
The estate's division primarily hinges on the application of Muslim Personal Law and constitutional interpretation under Article 366(22) of the Indian Constitution related to familial succession and property division. Muslim Personal Law governs succession only after the death of the property owner, where heirs are entitled to shares in the estate as per Islamic law.
Under Muslim law, heirs are categorized as sharers, who receive fixed shares of the estate, and residuaries, who inherit the remainder after sharers have received their portions. The division may occur by per capita distribution, equal shares among heirs, or per stirpes distribution, shares by branch of family. Female heirs typically receive half the share of male heirs, justified under Muslim law by males' financial obligations to family and females receiving *Mehr* and maintenance from husbands.
Partition of property under Muslim law differs from Hindu law and may involve distribution among co-owners or heirs based on personal law, not Hindu succession principles. The estate of a Nawab, typically ancestral and significant in size, would be subject to such partition rules under Muslim law, affecting how the property is divided among legal heirs.
The ruling overturns a two-decade-old trial court judgment that erroneously dismissed civil suits pertaining to the division of the Nawab's estate. The court found fault with the trial court's heavy reliance on the Allahabad judgment, which was overturned by the Supreme Court in 2020. The High Court has urged the lower court to expedite proceedings and ideally conclude the trial within one year.
The Government of India recognized Sajida Sultan as the sole successor in a letter dated January 10, 1962, citing the Bhopal Merger Agreement of 1949 and provisions under Article 366(22) of the Constitution. However, the appellants contend that the properties should have devolved upon the Nawab's heirs under Muslim Personal Law, not solely upon his daughter, Begum Sajida Sultan.
The Madhya Pradesh High Court order clarifies and reinforces that the Nawab’s estate will be distributed according to Muslim inheritance laws, setting a precedent for similar cases involving large ancestral estates under Muslim Personal Law jurisdiction. It ensures that the estate's division respects the fixed shares prescribed by Muslim law, providing clarity on rights of male and female heirs, and reconciling constitutional definitions with personal law practice. The ruling safeguards the legal rights of all heirs as per Muslim law, preventing arbitrary division or claims outside the personal law framework.
The Madhya Pradesh High Court's order underscores that the division of the Nawab's estate will follow Muslim inheritance laws, which may involve per capita or per stirpes distribution, affecting both male and female heirs. This ruling underscores the importance of upholding personal property rights according to the Indian Constitution's Article 366(22) in conjunction with Muslim Personal Law, ensuring a fair and accurate division of the ancestral estate in the royal family dispute.
