SC stays Madhya Pradesh HC order in Saif Ali Khan’s family property dispute

The Supreme Court on Friday stayed a Madhya Pradesh High Court order setting aside a trial court judgment that upheld exclusive rights of Bhopal’s last Nawab Hamidullah Khan’s daughter Sajida Sultan, her son Mansoor Ali Khan and their legal heirs actor Saif Ali Khan, Soha Ali Khan, Saba Sultan and actress Sharmila Tagore over the estate.

In its June 30 order, the High Court had remanded the decades-old property dispute involving the royal estate of  Bhopal’s last Nawab to the trial court for a fresh adjudication.

While staying the High Court’s order, a Bench led by Justice PS Narasimha issued notice on a petition filed by Omar Faruq Ali and Raashid Ali, descendants of the elder brother of Nawab Hamidullah Khan, against the High Court’s order of June 30.

The High Court concluded that the trial court’s February 14, 2000, order was based on a 1997 Allahabad High Court verdict which was overturned by the Supreme Court in 2019. However, instead of applying the 2019 precedent and deciding the case conclusively, the High Court remanded the matter for re-evaluation, the petitioners contended.

On behalf of the petitioners, senior advocate Devadutt Kamat submitted that the High Court order was contrary to procedural norms under the Civil Procedure Code (CPC).

The case originates from civil suits filed in 1999 by members of the Nawab’s extended family, including the late Begum Suraiya Rashid and her children, Mahabano (also deceased), Niloufar, Nadir, and Yawar, as well as Nawabzadi Qamar Taj Rabia Sultan, another daughter of the Nawab.

The plaintiffs sought partition, possession, and equitable settlement of the Nawab’s private estate. The trial court ruled in favour of Sajida Sultan, stating the estate was not subject to Muslim Personal Law and had devolved upon her under constitutional provisions.

Following the Nawab’s death in 1960, the Government of India issued a 1962 certificate recognising Sajida Sultan as both the ruler and rightful heir to the personal estate under Article 366(22) of the Constitution.

The plaintiffs, however, contended the Nawab’s personal estate should be distributed among all legal heirs under the Muslim Personal Law. The 1962 certificate was not formally contested but claimed it should not bar equitable partition, they argued.

The respondents, including actor Saif Ali Khan and his family, contended that succession followed the rule of primogeniture (right of succession belonging to the firstborn child) and Sajida Sultan had rightfully inherited both the royal title and personal properties.

Overturning the trial court ruling, the High Court remanded the case back to the trial court, prompting the petitioners to approach the top court.