Satya Prakash
New Delhi, September 7
Ending a three-decade-old inheritance battle, the Supreme Court on Wednesday upheld a Punjab and Haryana High Court verdict awarding the majority share in Rs 25,000-crore assets of the erstwhile Faridkot Maharaja Harinder Singh Brar to his daughters Amrit Kaur and Deepinder Kaur.
The royal assets under dispute included forts, palatial buildings, hundreds of acres of land, jewellery, vintage cars and a huge bank balance.
"Since the submissions advanced on behalf of the appellants were dealt with by all three Courts below extensively, we do not find any reason to upset the concurrent view taken by the Courts below," a three-judge Bench led by Chief Justice of India UU Lalit said, dismissing the special leave petitions (SLPs) against the high court's order.
The protracted legal battle was between 'Maharwal Khewaji Trust'—managing property of the Faridkot estate—and Maharaja's daughter Amrit Kaur who had in 1992 challenged the third 'will' said to have been executed in 1982 in favour of the trust.
The trial court in 2013 declared the 'Will' dated June 1, 1982 in favour of Maharawal Khewaji Trust as "null and void", "non-existent" and "not binding" upon the rights of plaintiff Amrit Kaur and granted inheritance to the Maharaja's daughters— Amrit Kaur and Deepinder Kaur.
The Punjab and Haryana High Court upheld the trial court's order in June 2020 and held that descendants of the last ruler's brother Manjit Inder Singh would get their mother Mohinder Kaur's share in the royal property.
However, acting on a petition filed by the Maharawal Khewaji Trust challenging the high court's order declaring Brar's 'will' as 'forged', the top court had in August 2020 ordered status quo and had allowed the trust to continue as caretaker of the royal property.
On Wednesday, it endorsed the high court's findings. "Once the will was proved and found to have been validly executed, in terms of specific clauses in the Will, the share of Maharani Mohinder Kaur in the properties left behind by the Ruler would naturally be governed by the Will executed by the testatrix. The findings rendered by the High Court were, therefore, fully justified and there is no reason to entertain any challenge in that behalf.
"On the question regarding validity of Third Will, the matter was considered extensively under eight different heads and it was concluded that the Third Will was a fabricated document which was shrouded with suspicious circumstances and that the succession to the properties left behind by the Ruler would, therefore, be by intestate succession," said the Bench ndash; which also included Justice S Ravindra Bhat and Justice Sidhanshu Dhulia.
The top court rejected the SLP filed by Bharat Inder Singh, son of Kanwar Manjit Inder Singh, who had contended that by Rule of Primogeniture the properties left behind by the Ruler must come in the hands of the male successor namely Kunwar Manjit Inder Singh, followed by his son Bharat Inder Singh.
"In view of the specific finding rendered by the courts below, including the High Court, in our view, no case was made out for the applicability of Rule of Primogeniture and succession based on said Rule. We, therefore, see no reason to entertain any challenge in that behalf," the top court said, terming his SLP as "being devoid of any substance".
It ordered that "All reports, statements of accounts and other documents, lodged with this Court, pursuant to interim directions issued by this Court, shall immediately be sent by the Registry of this Court to the Trial Court."
The top court said, "The Trust shall be entitled to run the Charitable Hospital only up to September 30, 2022, whereafter all the aspects of management, finance and other control including the need for appointment of a Receiver shall be subject to such orders as may be passed by the court executing the decree in the instant matters."
It said, "Rest of the properties in the hands of the Trust and/or any other persons shall be maintained in the same form by all the concerned, till appropriate orders are passed by the Court executing the decree passed in the instant matters."
from The Tribune https://ift.tt/83eH4Wa
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