Bhopal, January 23: The future of properties valued at ₹15,000 crore, previously owned by Bhopal’s former rulers and inherited by actor Saif Ali Khan and his family, hangs in uncertainty due to pending actions regarding an appeal against the order from the Office of the Custodian of Enemy Property, according to legal experts. If the successors of the Bhopal Nawab do not file an appeal against this order, the properties risk falling under the control of the Central Government, lawyers noted on Wednesday.
It remains unclear whether an appeal has been lodged with the Mumbai-based Office of the Custodian of Enemy Property, which operates under the Union home ministry, following a Madhya Pradesh High Court ruling on December 13, 2024 concerning the matter. Saif Ali Khan’s mother, renowned actress Sharmila Tagore (Pataudi), along with others, contested the HC ruling pertaining to the Custodian of Enemy Property for India dated February 24, 2015, which declared the Bhopal Nawab’s assets as “Enemy Property”.
The home ministry’s ruling was based on the fact that Nawab Muhammad Hamidullah Khan’s eldest daughter, Abida Sultan Begum, migrated to Pakistan after the Partition. Consequently, the properties she was meant to inherit are designated as enemy properties and fall under the jurisdiction of the Custodian of Enemy Property for India.
However, senior advocate Jagdish Chhavani, who specializes in the mergers of Nawab properties, cited a ruling from January 10, 1962, which states that following Hamidullah Khan’s death in 1960, the Government of India recognized Sajida Sultan Begum as the sole successor to all private properties, movable and immovable, belonging to Nawab Hamidullah. The Government of India had no objections to these properties being transferred to Sajida Sultan Begum.
Sajida Sultan Begum, being the second daughter of Nawab Hamidullah, inherited these properties after the migration of the eldest daughter (Abida) to Pakistan. Subsequently, her son, Mansoor Ali Khan Pataudi (Tiger Pataudi), succeeded her, and now Saif Ali Khan holds ownership of these properties, estimated to be worth nearly ₹15,000 crore.
However, following the Custodian of Enemy Property’s order, ownership has become contested, leading Sharmila Tagore (Saif’s mother and Mansoor Ali Khan Pataudi’s wife) to challenge the matter in the high court in 2015.
During the hearing on December 13, 2024, the government advocate indicated that in 2017, the Enemy Property Act of 1968 was retrospectively repealed, and an appellate authority was established to adjudicate disputes concerning enemy property.
In his ruling on December 13, Justice Vivek Agrawal stated, “In view of these facts, since a statutory remedy for filing a representation has been provided, the parties are directed to pursue such remedy. However, the issue of limitation may arise due to the elapsed time.”
“Therefore, it is stated that if a representation is filed within thirty days from today (December 13), the appellate authority shall not consider the aspect of limitation and will examine the appeal based on its merits,” the ruling noted.
“In these terms, the petitions are disposed of,” it concluded.
However, Bhopal Collector Kaushlendra Vikram Singh mentioned he has yet to review the high court order and will offer comments only after obtaining all relevant information.
Advocate Chhavani explained that if Saif Ali Khan’s family has not filed an appeal within the specified 30-day period following the ruling, they may still approach the authorities to request an extension, citing various circumstances, including the recent incident involving the actor at his Mumbai residence.
He remarked that while this ambiguity continues, the fate of countless individuals occupying these properties as owners and tenants will remain uncertain.
The properties inherited by Saif Ali Khan and his family encompass Noor-Us-Sabah Palace, Dar-Us-Salam, Bungalow of Habibi, Ahmedabad Palace, and Flag Staff House.
The Enemy Property Act was enacted in Parliament following the India-Pakistan war of 1965 to manage properties left behind in India by those who moved to Pakistan.
