The Madhya Pradesh High Court has remanded a decades-old property dispute involving the heirs of the last Nawab of Bhopal, Mohd. Hamidullah Khan, back to the trial court for fresh adjudication. This follows the setting aside of a 2000 judgment that had upheld the claims of actor Saif Ali Khan, his siblings, and his mother, Sharmila Tagore, among others.
The division bench, led by Justice Sanjay Dwivedi, delivered its order on June 30, 2025, after noting that the trial court had based its previous ruling on a now-overruled judgment. The Court emphasized the need for a re-trial and instructed that the matter be resolved expeditiously.
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“Since the trial Court had dismissed the suits relying on a judgment already overruled by the Supreme Court, the matters need to be remanded back… These are suits for partition and the trial Court can determine the parties' share while passing a preliminary decree,” – Justice Sanjay Dwivedi.
Background of the Dispute
Two civil suits were filed in 1999 by various family members of the late Nawab seeking partition, possession, and accounting of his estate, claiming it was his personal property. The dispute revolves around extensive properties listed across multiple schedules, reflecting the significant legacy left behind by the Nawab.
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The plaintiffs include Begum Suraiya Rashid and Nawabzadi Qamar Taj Rabia Sultan, among other heirs. The defendants are the heirs of Sajida Sultan, daughter of the late Nawab and the wife of the last Nawab of Pataudi, Mansoor Ali Khan. Her descendants include actor Saif Ali Khan, actress Soha Ali Khan, and Saba Sultan.
Plaintiffs’ Stand
The plaintiffs argued that Nawab Hamidullah Khan's properties were his personal possessions and thus should be distributed under Muslim Personal Law after his death in 1960. They contested the 1962 Government of India certificate declaring Sajida Sultan as the sole successor, arguing it was unlawful and not aligned with personal succession law.
They claimed the merger agreement signed during Bhopal’s accession to India in 1949 allowed personal properties to be inherited as per personal law. The plaintiffs emphasized that while succession to the throne could go to one individual, private property should be shared among all heirs.
“Succession to the Gaddi is political. Private property should devolve as per Mohammedan Law,” argued Advocate Aadil Singh Boparai on behalf of the appellants.
Respondents’ Defense
The defendants maintained that succession followed the primogeniture rule under the Bhopal Succession to the Throne Act, 1947, which entitled the successor of the throne to also inherit all personal properties. They stated that Sajida Sultan was lawfully declared ruler and inherited the estate accordingly.
They further argued that the 1962 certificate from the Government of India, which transferred all private properties to Sajida Sultan, was part of the original agreement and could not be questioned in court.
Senior Advocate Sanjay Agrawal asserted that the rights under the merger agreement were non-negotiable and enforceable only by successors of the recognized ruler, i.e., Sajida Sultan and her descendants.
Legal Findings and Supreme Court Influence
The High Court observed that the trial court had relied on a 1997 Allahabad High Court ruling in Miss Talat Fatima Hasan vs. Nawab Syed Murtaza Ali Khan, which was subsequently overturned by the Supreme Court in 2019. The apex court had clarified that properties of erstwhile rulers must devolve as per personal law.
“In the existing facts and circumstances, when the legal issue on which trial Court was relying has been reversed… these cases can be remanded back,” – Madhya Pradesh High Court observed.
Under Order 14 Rule 23A of the Civil Procedure Code (CPC), the appellate court used its power to remand the matter for fresh trial, allowing parties to present further evidence.
Case Title: Begum Suraiya Rashid & Others vs. Begum Mehr Taj Nawab Sajida Sultan & Others