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Supreme Court of India 2019-07-31 allowed

TALAT FATIMA HASAN THROUGH HER CONSTITUTED ATTORNEY SH. SYED MEHDI HUSAIN vs NAWAB SYED MURTAZA ALI KHAN (D) BY LRS

Bench: 3 — Ranjan Gogoi, Deepak Gupta, Aniruddha Bose

In Brief

Talat Fatima, granddaughter of Nawab Raza Ali Khan (erstwhile ruler of Rampur), sought partition of properties her grandfather declared as private properties in his merger agreement with India in 1949. The eldest son claimed sole entitlement under primogeniture (rule applicable to the Gaddi/rulership). The Supreme Court held that after accession, rulers ceased being sovereigns and became ordinary citizens. Succession to privately declared properties is governed by personal law (Muslim Sharia), not the Gaddi succession rule. The Gaddi (rulership) and private property are distinct concepts in merger agreements. The Court allowed the appeal, setting aside the High Court judgments, and directed partition of properties among all legal heirs according to their shares under Muslim personal law."

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Succession Law Princely States Merger Agreements Personal Law Constitutional Law Civil Procedure

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