Bhopal: The fate of properties of Rs 15,000 crore owned by Bhopal’s erstwhile rulers and inherited by actor Saif Ali Khan and his family remains in limbo due to uncertainty over filing an appeal against an order of the Office of the Custodian of Enemy Property, lawyers have said.
If an appeal is not filed by Bhopal Nawab’s successors against the order of the Office of the Custodian of Enemy Property for India, the properties may come under the Centre’s control, the lawyers said Wednesday.
It is not yet clear whether they have filed an appeal before the Mumbai-based Office of the Custodian of Enemy Property, which comes under the Union home ministry, following a Madhya Pradesh High Court order of December 13, 2024 on the issue.
Saif Ali Khan’s mother and noted actress Sharmila Tagore (Pataudi) and others had challenged in the HC the order dated February 24, 2015, of the Custodian of Enemy Property for India that termed the property of Bhopal Nawab as “Enemy Property”.
The authority under the home ministry had given its ruling on the ground that Nawab Muhammad Hamidullah Khan’s eldest daughter Abida Sultan Begum migrated to Pakistan following the Partition. Therefore, all such properties that she was supposed to succeed are enemy properties and vest in the Custodian of Enemy Property for India.
However, senior advocate and expert on merger of Nawab properties, Jagdish Chhavani, quoted an order dated January 10, 1962 that after the death of Hamidullah Khan in 1960, the Government of India recognised Sajida Sultan Begum “as such ruler, is the sole successor to all private properties, movable and immovable, held by Nawab Hamidullah. And the GoI have no objection to such properties being transferred to Sajida Sultan Begum.”
Sajida Sultan Begum is the second daughter of Nawab Hamidullah and as the eldest daughter (Abida) migrated to Pakistan, Sajida became the owner of all such properties, he told PTI.
Later, Sajida’s son Mansoor Ali Khan Pataudi (Tiger Pataudi) became the successor of these properties and after him Saif Ali Khan is the owner of these properties, estimated to be valued at nearly Rs 15,000 crore.
But after the order of Custodian of Enemy Property, the ownership title became disputed which was challenged by Sharmila Tagore (Saif’s mother and Mansoor Ali Khan Pataudi’s wife) in the high court in 2015.
During hearing December 13, 2024, the government advocate informed “that in the year 2017, the Act, namely the Enemy Property Act 1968, has been repealed from a retrospective date and the appellate authority has been constituted for adjudication of disputes in regard to enemy property.”
In his order December 13, 2024, Justice Vivek Agrawal said, “In view of the such facts, since a statutory remedy of filing a representation has been provided, parties are relegated to avail such remedy. However, at this distance of time, the issue of limitation may arise.”
“Therefore, it is directed that if representation is filed within thirty days from today (December 13), then the appellate authority shall not advert to the aspect of limitation and shall deal with the appeal on its own merits,” the order said.
“In above terms, the petitions stand disposed of,” it added.
However, Bhopal Collector Kaushlendra Vikram Singh said he has not seen the high court order and will comment only after getting all relevant details.
Advocate Chhavani said in case Saif Ali Khan’s family has not yet filed an appeal during the stipulated period of 30 days from the date of order, they (Khan family) can still approach the authorities and request for an extension citing various exigencies, including the recent one (attack on the actor at his Mumbai residence).
He said till this confusion prevails, the fate of lakhs of people occupying these properties as owners and tenants will remain in limbo.
The properties inherited by Saif Ali Khan and his family include Noor-Us-Sabah Palace, Dar-Us-Salam, Bungalow of Habibi, Ahmedabad Palace and Flag Staff House.
The Enemy Property Act was passed in Parliament in the aftermath of the India-Pakistan war (1965) to regulate properties left behind in India by those who emigrated to Pakistan.
