Setback to Saif, kin over Rs 15,000 cr ancestral property as HC orders retrial of ownership rights
Jabalpur, Jul 5 (PTI): In a setback to 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.
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Skeleton handed over to police, says Lawyer for Dharmasthala mass burials case complainant
Belthangady: A skeleton, allegedly buried as mentioned in the complaint related to the Dharmasthala mass burials case, has been exhumed and handed over to the Belthangady police. Pawan Deshpande, the lawyer representing the complainant, stated that all necessary legal procedures were followed and a formal statement was recorded before the judge.
The complainant, who has alleged the mass burial of bodies in Dharmasthala, appeared before the Principal Civil Judge and JMFC Court of Belthangady Taluk on July 11 to give his statement.
Speaking to the media after the court proceedings, advocate Pawan Deshpande said, “The complainant is prepared to clearly identify the locations where the bodies were buried. We will cooperate fully with the police on whatever date they set. Relevant information has already been submitted, and there is a concern that evidence could be destroyed. It is now the responsibility of the police to act and exhume the bodies as per the statement.”
When asked about the identity of the accused in the case, Deshpande clarified that the details have been submitted to the court and are with the investigating officer. “We do not have access to that information,” he said.
The lawyer also confirmed that the complainant has not been arrested or taken into police custody. “He is with us and will appear whenever the police direct him to. The complainant is cooperating with the investigation,” Deshpande added.
