Personal law of succession and not the rule of primogeniture would be applicable to the succession of private properties of an erstwhile ruler of a princely town

The Supreme Court again clarified that the properties declared by an erstwhile ruler to be his private properties under the agreement of accession ceased to be attached to the “gaddi” and were partible estate of the ruler.

The above was held in the case of Talat Fatima Hasan Through her constituted attorney Sh. Syed Mehdi Husain Vs. Nawab Syed Murtaza Ali Khan (D) by LRs & Ors., CivilAppeal No. 1773 of 2012 decided on 31.07.2019.

Challenge

Nawab Raza Ali Khan was the ruler of Rampur. The State   of   Rampur   merged   into   the   Union   of   India and a Merger Agreement was signed by the Nawab. As per the terms of merger agreement, the Nawab was entitled to full ownership, use   and   enjoyment   of   all   properties he declared to be his private properties. After the death of the Nawab, the President of India in terms of clause (22) of Article 366 recognised his eldest son i.e. Defendant no. 1 to be the ruler. The said declaration recognising defendant no.1 to be the ruler was not challenged. On 01.04.1966 a certificate was issued in which defendant no. 1 was not only recognised as ruler of Rampur but it was also certified that he was the sole successor to all private properties – movable and immovable – held by Late Nawab Raza Ali Khan.  The certificate was challenged by the second son of Nawab his daughters.

The primary issue for consideration before the Court was whether succession to the properties declared by an erstwhile ruler to be his private properties in the agreement of accession with the Dominion of India will be governed by the rule of succession applicable to the “Gaddi” (rulership) or by the personal law applicable to the ruler.

It was the case of the Plaintiffs that the properties declared by Nawab Raza Ali Khan to be his private properties and all legal heirs were entitled to a share in the property as per personal law.   The plaintiff also asserted that the Muslim Personal Law (Shariat) Application Act, 1937 was extended   to   the   State   of   Rampur   on   01.01.1950   and   after ceding the property to the Dominion of India and especially after the enforcement of the Constitution of India, Nawab Raza Ali Khan was a ruler only for the purposes of enjoying the privy purse   and   some   personal   rights,   privileges,   immunities, dignities   and   titles,   but   for   all   other   purposes   including succession, he was an ordinary citizen of the country.  On the other hand, the case of the defendants was that the property was not the personal property of the Nawab and was attached to the ‘Gaddi’ of the State of Rampur and, therefore, it was governed by the law of succession which was admittedly applicable to the rulership of Rampur which was the rule of male   lineal   primogeniture   which   basically   means   that   the senior most male heir takes everything to the exclusion of all other   heirs. It was also   urged   that   the   property   was   an impartible   estate   and,   therefore,   the   rule   of   primogeniture would govern the same.

Held

The Apex Court referred to the definition of “ruler” in clause (22) of Article 366 of the Constitution and observed that a ruler is a former prince, chief or other person, who was, on or after 26.01.1950 recognised   as   a   ruler   having   signed   the covenant of accession.  Such person, though defined as a ‘Ruler’, has no territory and exercises no sovereignty over any subjects. The court further clarified that the declaration under clause (22) of Article 366 relates only to the Gaddi  or the rulership and not to the properties which were declared to be private properties by the ruler. The Court further noted that such “rulers” had been given the choice of declaring certain properties to be their private properties   and   these   private properties could not be said to be attached to the Gaddi.  When they were actual sovereigns, their entire State was attached to the Gaddi and   not   any   particular   property.   Thus the Court opined that there are  no specific properties which can be attached to the Gaddi.  It has to be the entire ‘State’ or nothing.

After scrutinising various previous authorities, the Apex Court held that private properties would remain the private properties of the Nawab as a common citizen of the country. Therefore, upon the death of the ruler, Nawab Raza Ali Khan after independence,  succession   to   his   private   properties   will be governed by personal laws applicable to him.