Saif Ali Khan and his family are facing renewed legal challenges regarding their claim to approximately Rs 15,000 crore in ancestral properties in Bhopal. The Madhya Pradesh High Court has ordered a retrial in the long-standing dispute, potentially altering the inheritance dynamics of the Bhopal royal family. Here are five key questions addressed in light of this development:
1. What triggered the retrial? The Madhya Pradesh High Court overturned a trial court's decision from two decades ago that had recognized Saif Ali Khan, his mother Sharmila Tagore, and his sisters Soha and Saba Ali Khan, as the legitimate heirs to the properties. The High Court's decision was based on the fact that the original judgment leaned heavily on a precedent set by the Allahabad High Court in the Talat Fatima Hasan case, which has since been struck down by the Supreme Court in 2020. The Supreme Court clarified that the personal property of former royals must follow personal succession laws rather than be treated as political inheritance determined solely by appointments to titular positions. Because the trial court's decision drew extensively from this now-defunct legal reasoning, the High Court concluded that the earlier verdict could no longer stand.
2. What is the crux of the property dispute? The dispute dates back to 1999, with civil suits seeking the division, possession, and accounting of the royal family's ancestral assets. These assets include lavish properties within and beyond Bhopal. The core argument from those challenging the Pataudi family's claim is that upon the death of Nawab Hamidullah Khan in 1960, his wealth, classified as personal property, should have been equally distributed among his legal heirs under Muslim Personal Law. They contested the claim that all the wealth should go solely to his daughter, Begum Sajida Sultan.
3. What is the "enemy property" angle? A significant complication arose when the Indian government classified a portion of the family's properties as "enemy property". This classification stems from the fact that Abida Sultan, Saif Ali Khan's great-grandmother and daughter of Nawab Hamidullah Khan, migrated to Pakistan after Partition and renounced her Indian citizenship. The Enemy Property Act, enacted in 1958 and expanded after the 1965 India-Pakistan war, allows the government to take over properties of those who moved to enemy nations. The Custodian of Enemy Property Department issued a notification in 2014 asserting control over several prime assets based on this act. Saif Ali Khan had contested this classification, securing a temporary stay in 2015, but the court dismissed his petition on December 13, 2024, and lifted the stay.
4. What happens next? The High Court has directed the trial court to resume proceedings and deliver a verdict within a year. Justice Sanjay Dwivedi of the Madhya Pradesh High Court stated that the trial court can allow parties to present further evidence in light of subsequent developments and changes in the legal position. The retrial will re-examine whether the rights established in the 1949 Bhopal Merger Agreement were fairly applied and whether the 2000 ruling holds under current legal scrutiny.
5. What are the implications for Saif Ali Khan and his family? This retrial represents a significant setback for Saif Ali Khan and his family in their efforts to retain control over the ancestral properties. The High Court's decision reopens a complex and দীর্ঘ legal battle with potentially far-reaching consequences for the family's inheritance. It compels them to re-establish their claims under current legal standards, facing challenges from other descendants of Nawab Hamidullah Khan. The "enemy property" classification adds another layer of complexity, potentially leading to the government acquiring a portion of the estate.