‘Not just Saif’: Other Royals too claim share in last Nawab of Bhopal’s properties; apex court stays HC order

BHOPAL: The Supreme Court has stayed MP high court order to remand a property dispute involving the Bhopal royal family to the trial court.

The case concerns assets of the last Nawab of Bhopal, Hamidullah Khan, whose daughter Sajida Sultan —grandmother of film actor Saif Ali Khan— was declared sole heir in 1962. Descendants of the Nawab's elder brothers and other siblings are now contesting the claim.

What Does The Plea Say?

On Aug 8, the SC bench of Justices P S Narsimha and Atul Chandurkar stayed the MP high court order while issuing notices in an appeal by Omar Faruq Ali and Raashid Ali, descendants of Nawab Obaidullah Khan.

Their counsel Aadil Singh Boparai talking to TOI said, "Madhya Pradesh high court, in its June 30 judgment, reaffirmed the principle from the Talat Fatima (Rampur) case that the Nawab's properties should devolve amongst his legal heirs as per Muslim personal law. However, despite upholding this principle, it erroneously remanded the case to the Bhopal trial court for fresh consideration. The current petition before the supreme court challenges the HC judgment to the extent to the remand to the trial court for fresh consideration."

A History Of Judgments

In 2019, the Supreme Court set a precedent by ruling that Talat Fatima Rampur's royal property should be divided according to personal law. MP high court had set aside a February 14, 2000, trial court judgment that upheld the exclusive rights of Nawab's daughter Sajida Sultan, her son cricketer late Mansoor Ali Khan and their legal heirs, actor Saif Ali Khan, Soha Ali Khan, Saba Sultan, and veteran actress Sharmila Tagore, over the estate. The high court said the trial court's ruling was based on a 1997 Allahabad high court verdict which was later overturned by the supreme court in 2019 and remanded the case back to the trial court for reconsideration.

Another Facet Of Dispute

There's another twist in the royal property dispute. In 2015, the government vested properties of Abida Sultan, Hamidullah's eldest daughter, because she moved to Pakistan. Her assets in India have been labeled ‘enemy property.' "Abida Sultaan was an ex-party in the original 1972 case, (which involved over 20 claimants to Bhopal royal properties)," explained Jabalpur based, Rajesh Kumar Pancholi, former counsel for the Pataudi family.

The 2019 Rampur case was important because it said all heirs—including women—should get a share. But Pancholi says that case may not fully apply to Bhopal. Since 1972 many of the Nawab's properties—spread across Bhopal, Sehore, and Raisen—have been sold or are in possession by others. The high court has banned any new sales or transfers while the case is still going on.



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