The Madhya Pradesh High Court has shocked Saif Ali Khan, dismissing the actor’s petition in which he challenged the government’s decision to mark his ancestral properties worth Rs 15,000 crore as ‘enemy property’. The High Court rejected the order of the trial court of 2000, in which Saif Ali Khan, his sisters Soha and Saba and mother Sharmila Tagore were considered the successor of ancestral properties.
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The court has directed the trial court to hear a fresh hearing on the property succession dispute and set a time limit of one year. Under the Enemy Property Act 1968, the Central Government is allowed to claim assets owned by individuals who went to Pakistan after partition in the year 1947.
The Pataudi family claimed their lands in Bhopal and Raisen, including Kohefiza’s Flag House, Ahmedabad Palace, Kothi and Jungle located in Chiklod in Raisen. He said that he has properties like Nur-e-Sab, Flag House, Dar-Aus-Salam, Force Quarter, New Quarter, Persia Khana, Kohefiza and Ahmedabad Palace.
These are the main updates-
-This case is related to Bollywood actor Saif Ali Khan, as this property is related to his Pardadi Sajida Sultan. Earlier, the trial court gave the entire assets to Sajida Sultan.
-Haycourt has ordered the trial court to re -hear the case and give a new decision within a year. Other families of Nawab Hamidullah Khan have challenged the old decision and demanded a fair distribution of property under Muslim Personal Law.
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It is worth mentioning that the trial court gave the entire ancestral property to Sajida Sultan, the daughter of the elder Begum of the Nawab, which has now been challenged by other successors.
According to Harshit Bari, the lawyer of the Hycourt, the case will be heard again and the new decision will decide who and how much the right to the property of the Nawab should get.
What is the case?
In 1947, Bhopal was a princely state and its last Nawab was Nawab Hamidullah Khan, who was the maternal grandfather of Mansoor Ali Khan Pataudi. Nawab Hamidullah Khan had three daughters, the eldest of which Sultan moved to Pakistan in 1950. Her second daughter Sajida Sultan stayed in India and she married Nawab Dada Nawab Dada Dada Ali Khan Pataudi and became a legal heir to property.
Descendants of Bhopal princely state – Begum Suraiya Rashid, Begum Mehar Taj, Sajida Sultan, Nawabjadi Qamar Taj Rabia Sultan, Nawab Meher Taj Sajida Sultan and others filed two appeals in the High Court in 2000 against the order passed by the Bhopal District Court.
The appeal said that Nawab Hamidullah Khan died on 4 February 1960 and the princely state of Bhopal was merged with the Indian Union on 30 April 1949. According to the written agreement, the special rights of the Nawab will continue after the merger and the complete ownership of private property will be successful under the Bhopal Gaddi Succession Act 1947. After the death of Hamidullah Khan, Sajida Sultan was declared the Nawab. The government issued a letter on 10 January 1962 to mention ancestral property under Article 366 (22) of the Constitution.
After the death of Nawab Hamidullah Khan, his personal property should have been divided between the plaintiff and the defendant according to the Muslim Personal Law. Application was submitted to Bhopal District Court demanding property succession. However, the District Court rejected his application on the basis of the decision passed by the Allahabad High Court.
The Madhya Pradesh High Court in its order said that the trial court had dismissed the case as per the order passed by the Allahabad High Court without considering other aspects of the case. It said that the trial court failed to consider the fact that the throne succession act was canceled by the Supreme Court on the merger.
In the appeal, Mansoor Ali Khan Pataudi, his wife Sharmila Tagore, his sons Saif Ali Khan and daughters Saba and Soha were made defendants. In 2015, the Mumbai -based Shatru Property Carva Office declared the land of the Nawab of Bhopal as a government property, after which the Pataudi family approached the court.
In 2019, the court recognized Sajida Sultan as a legal successor and his grandson Saif Ali Khan inherited a part of the properties. However, the central government claimed the properties as ‘enemy property’ as Abida Sultan left for Pakistan.
Talking about his work front, Saif was last seen in the lead roles with Jaideep Alhawat, Gagan Arora, Nikita Dutta and Ivana Brakan in Netflix’s action adventure thriller ‘Jeast: The Heest Bigins’. He will be seen next time in the adventure comedy film ‘Go Goa Gon 2’, directed by Raj and DK and features Abhishek Banerjee and Radhika Madan in the lead roles.
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