Supreme Court docket Stays MP Excessive Court docket Order in Saif Ali Khan Household Property Dispute


Bollywood actor Saif Ali Khan. File | Photograph Credit score: PTI

The Supreme Court docket on Friday Granted An Interim Keep on a Madhya Pradesh Excessive Court docket Order Remanding A Many years-old Property Dispute Involving The Royal Property of Bhopal’s Final Nawab, Hamidullah Khan, to the Trial Court docket for Contemporary Adjudication.

Additionally learn | MP Excessive Court docket Reverses Decrease Court docket Order that Granted Possession of Ancestral Properties to SAIF Ali Khan, Household

A Bench Comprising Justices PS Narasimha and Atul Chandra Issued Discover on a please of Omar Faruq Ali and Raashid Ali, Descendants of the Elder Brother of Nawab Hamidullah khan, Towards the HIGINST ‘ Order of June 30.

The petitioners have challenged the excessive courtroom’s choice to put aside a februry 14, 2000, trial courtroom judgment that upheld the unique rights of nawab’s deada sultan, Her San Mansoor ALI Khan (Former India Cricket Captain), and their authorized hears, actor saif ali khan, soha ali khan, saba sultan, and veteran actress sharmila tagore, Over the Property.

The excessive courtroom stated the trial courtroom’s ruling was primarily based on a 1997 Allahabad Excessive Court docket Verdict, which was later overturned by the supreme courtroom in 2019.

Nonetheless, as an alternative of making use of the 2019 precedent and deciding the case conclusively, the excessive courtroom remanded the matter for re-evaluation.

Senior Advocate Devadutt Kamat, showing for the petitioners, stated the excessive courtroom remand order was distinction to the processedral norms outlined below the civil process code (cpc).

The case has its origins in civil fits filed in 1999 by members of the nawab’s prolonged household, together with the late begum suiya rashid and her childreno, mahabano (ALSO DECEASESED), NILOUFAR, and YAWAR, and YAWAR, In addition to nawabzadi Qamar taj rabia sultan, one other daughter of the nawab.

The plaintiffs sought partition, Possession, and Equitable Settlement of the Nawab’s Personal Property.

The Trial Court docket Guidelines in Favor of Sajida Sultan, Stating the Property was not Topic to Muslims Private Legislation and Had Devolved Upon Her Beneath Constitutional Provisions.

Following the nawab’s dying in 1960, the federal government of India is Issued a 1962 Certificates Recognizing Sajida Sultan as Each The Ruler and Rightful Inheritor to the Private Property Beneath Article 366 (22) of the Constituation.

The plaintiffs, nonetheless, contended the nawab’s private property ought to be distributed amongst all authorized hears below Muslim Muslim private regulation.

They’re additionally identified the 1962 Certificates was not formally contested however claimed it mustn’t dwell not bar equitable partition.

The Respondents, Together with Actor Saif Ali Khan and His Household, Argued Succession Adopted The Rule of Primogeniture and Sajida Sultan Had rightful inherited each the royal title (Gaddi) and Private Properties.

Whereas overturning the trial courtroom ruling, the excessive courtroom remanded the case. The petitioners moved the highest courtroom looking for remand orders.

(Tagstotranslate) Supreme courtroom on saif ali khan