Setback for Saif Ali Khan, family: HC orders retrial of Rs 15,000 crore property case

The Bench directed the proceedings tribunal to marque each imaginable efforts to reason and determine the substance wrong 1 year

Saif Ali Khan. File photo

In a setback to histrion 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 acceptable speech the proceedings court's verdict fixed implicit 2 decades ago, and ordered a retrial successful the case.

In its bid passed connected June 30, the azygous Bench of Justice Sanjay Dwivedi acceptable speech the judgement and decree of the proceedings tribunal which upheld Pataudis — Saif Ali Khan, his parent Sharmila Tagore and his 2 sisters Soha and Saba — to beryllium the owners of the properties.

It besides directed the proceedings tribunal to marque each imaginable efforts to reason and determine the substance wrong 1 year.

Nawab Hamidullah was the past ruling Nawab of the princely authorities of Bhopal. He and his woman Maimoona Sultan had 3 daughters — Abida, Sajida and Rabia. Sajida joined Iftikhar Ali Khan Pataudi and became the Nawab Begum of Bhopal. Their son, Mansoor Ali Khan Pataudi, erstwhile Indian cricket squad skipper, joined Sharmila Tagore.

After Nawab Hamidullah's eldest girl Abida migrated to Pakistan, Sajida became the proprietor of the properties. Later, her lad Mansoor Ali Khan Pataudi became the successor of these properties estimated to beryllium valued astatine astir Rs 15,000 crore — which were inherited by Saif Ali and his siblings.

The 2 appeals, 1 filed by Begum Suraiya Rashid and others, and different by Nawab Mehr Taj Sajida Sultan and others, each heirs of precocious Nawab Mohammad Hamidullah Khan, said the proceedings tribunal had dismissed their suits against what they called arsenic ‘unfair partition of royal property’.

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

Their lawyers pleaded that the partition of the Nawab's idiosyncratic spot should person been done betwixt them and defendants Saif Ali, Sharmila and 16 different heirs arsenic per the Muslim Personal Law.

The appellants opposed the defendants (Pataudis) for citing the certificate issued by the Government of India connected January 10, 1962, successful favour of Sajida Begum arsenic the sole successor of each the backstage properties.

Justice Dwivedi said, "The matters are remanded backmost to the proceedings tribunal for deciding it afresh."

"And if truthful required, the proceedings tribunal tin let the parties to pb further grounds successful presumption of the consequent improvement and changed ineligible position," the tribunal ordered.

"I americium of the sentiment that the proceedings court, without considering different aspects of the matter, had dismissed the suits, that excessively relying upon the judgement which has already been overruled by the Supreme Court. Thus, successful my opinion, the impugned judgement and decree merit to beryllium and are hereby acceptable aside," the justice said.

"It is made wide that since the suits were initially filed successful 1999, therefore, the proceedings tribunal shall marque each imaginable efforts to reason and determine it expeditiously, preferably wrong a play of 1 year," it said.

On April 30, 1949, Bhopal Riyasat (princely authorities of Bhopal) was merged successful the Union of India nether an statement successful writing, the bid read.

"The statement contained a clause revealing that aft the merger, each the peculiar rights which the Nawab had, shall stay continued and according to the agreement, it was agreed that each the spot which is their idiosyncratic property, shall beryllium of their implicit ownership and succession of the throne shall beryllium nether the Bhopal Succession to the Throne Act, 1947," it added.