In a major legal setback for actor Saif Ali Khan and his family, the Madhya Pradesh High Court has dismissed their long-pending plea challenging the central government’s move to declare their ancestral properties in Bhopal and Raisen, valued at over ₹15,000 crore, as ‘enemy property’.
The High Court also overturned a 2000 Bhopal trial court order that had recognized Saif, his mother Sharmila Tagore, and sisters Soha and Saba Ali Khan as rightful successors of the property. The court has directed that the property succession matter be heard afresh, with a timeline of one year for completion.
Background of the Case
The dispute traces back to the legacy of Nawab Hamidullah Khan, the last ruler of the princely state of Bhopal before its merger with India in 1949. Hamidullah Khan had three daughters, of whom the eldest, Abida Sultan, migrated to Pakistan in 1950. His second daughter, Sajida Sultan, remained in India, married Nawab Iftikhar Ali Khan Pataudi, and became the legal heir to the family estates.
The properties under dispute include well-known landmarks such as:
- Flag House and Ahmedabad Palace in Kohefiza, Bhopal
- Dar-us-Salam, Noor-e-Saba, Four Quarters, Fars Khana, and New Quarters
- A forest area and palace in Chiklod, Raisen district
The Government’s Claim
In 2015, the Enemy Property Custodian Office declared these assets as government-owned, invoking the Enemy Property Act, 1968. This law allows the Indian government to claim property left behind by individuals who migrated to Pakistan or China after Partition.
The government claimed that since Abida Sultan was the legal heir but opted for Pakistan, the properties legally fell under ‘enemy property’, despite Sajida Sultan’s subsequent recognition as Nawab and legal heir.
Legal Complications
The Bhopal Throne Succession Act, 1947, which governed inheritance among royal families, was cited by the Pataudi family as the basis for Sajida Sultan’s succession. They also pointed to a 1962 government letter that recognized the family’s rights under Article 366(22) of the Constitution, which defines “ruler” in the context of princely states.
However, the MP High Court observed that the trial court relied too heavily on a previous ruling from the Allahabad High Court without independently analyzing key aspects — such as the Supreme Court’s striking down of the Throne Succession Act and the applicability of Muslim Personal Law to the division of property.
Current Status
The High Court’s decision means the case will now return to the Bhopal District Court, which must re-examine the issue independently, including:
- The impact of Abida Sultan’s migration
- The legal validity of Sajida Sultan’s succession
- The definition and ownership implications of ‘enemy property’
Implications for Saif Ali Khan and Family
The verdict is a significant blow to Saif Ali Khan, who had inherited his grandmother Sajida Sultan’s share after her death. The ruling reopens the legal battle over one of the most valuable royal inheritances in India, and its outcome could impact not only the Pataudi family’s claims but also other high-profile enemy property cases across the country.
The Pataudi family is expected to pursue further legal options, while the trial court begins a fresh evaluation of this long-standing and complex inheritance dispute.
