Royal Property Dispute Of 1989 - Faridkot Ruler's Daughters To Get Majority Share In Father's Property – SC Upholds HC's Order

The Bench of CJI UU Lalit, Justice S. Ravindra Bhat, and Justice Sudhanshu Dhulia observed –

"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. Special Leave Petition (Civil) Nos.10211-10213 of 2020 are, therefore, dismissed without any order as to costs."

In terms of Maharwal Khewaji Trust, which was taking care of the properties of the Ruler after his death, the Bench noted –

"The Trust shall be entitled to run the Charitable Hospital only upto 30.09.2022, 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."

Further, the Court also added –

"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."

Special Leave Petitions were preferred before the Apex Court that arose out of the common judgment and order of the Punjab and Haryana High Court passed in the year 2020.

The controversy in the matter was related to the succession of the properties left behind by Raja Harinder Singh, former ruler of Faridkot State.

On April 18, 1948, "The Raja Faridkot Estate Act 1948" was enacted by the Raja as per which the Estate of the Ruler would devolve to his male successor.

Raja Harinder Singh was blessed with three daughters and a son named Tikka Harmohinder Singh, who, unfortunately predeceased said Raja Harinder Singh without leaving any heir or representative.

The Ruler thereafter executed a Will which specified certain bank accounts and amounts lying in those accounts as well as four flats at Rohtak Road, Delhi, and sought to bequeath said specified properties to all three daughters in equal shares.

Thereafter, a second Will was also executed by the Ruler which again dealt with the properties which were specified in the First Will. It, however, stated that the testator did not wish to leave any property in favour of the eldest daughter Rajkumari Amrit Kaur. t specified certain properties and stated that the properties would devolve upon the other two daughters namely Rajkumari Deepinder Kaur and Rajkumari Maheepinder Kaur in equal shares.

Then a settlement deed was executed by the Ruler in London which dealt with certain bank accounts held in Grindlays Bank Limited, London. This Settlement, however, stated that the eldest daughter Rajkumari Amrit Kaur would not be entitled to receive any part of the income until she attained the age of 25 years or judicially separated from her husband. Thus, unlike the Second Will, the Settlement had not disinherited the eldest daughter.

These 3 documents were inherited before the enactment of the Hindu Succession Act 1956.

On the death of the Ruler in the year 1989, the third will allegedly executed by him was read out which declared that the entire property left behind by the Ruler would be inherited by a Trust known as "Maharwal Khewaji Trust", trustees of which were the two daughters of the Ruler.

The youngest brother of the Ruler filed a Civil Suit claiming inter alia that by Rule of Primogeniture he was entitled to the Estate left behind by the Ruler.

Also, the eldest daughter of the Ruler, Amrit Kaur who was not given any interest or share in the property filed a Civil Suit. The Suit, as initially filed, sought decree of declaration that the plaintiff-Rajkumari Amrit Kaur was owner to the extent of 1/3rd share in the properties left behind by the Ruler with a consequential relief of joint possession along with her two sisters. Apart from her two sisters, the Trust along with its Trustees were also parties to the Suit.

Later, by an application, an amendment to the Plaint was sought incorporating the relief regarding decree of declaration that the alleged Third Will executed by the Ruler was invalid, void and unenforceable.

The Trial Court had found that the third Will was not a genuine document due to a large number of suspicious circumstances.

The Trial Court then considered whether the Rule of Primogeniture was applicable to the properties left behind by the Ruler or whether the provisions of the Hindu Succession Act, 1956 would be applicable. The case set-up by Kanwar Manjit Inder Singh (youngest brother of the Ruler) was not accepted but the claim made by Rajkumari Amrit Kaur was accepted.

While the High Court held that the Raja of Faridkot's Estate Act, 1948 was not a valid enactment and would not be applicable for succession to the estate of the Ruler. It was also held that the Rule of Primogeniture as pleaded by Kanwar Manjit Inder Singh had no application in the present case and that the succession to the properties left behind by the Ruler would be governed by the personal law of succession.

On the question of the validity of the Third Will, the matter was considered extensively under eight different heads and it was concluded that the Third Will was a fabricated document that was shrouded with suspicious circumstances and that the succession to the properties left behind by the Ruler would, therefore, be by intestate succession. The issues concerning the maintainability of the Suit were also decided in favor of Rajkumari Amrit Kaur.

In 2020, the Apex Court had directed –

"Pending further consideration, all the parties shall maintain status quo with regard to the properties involved in the present proceedings. It is further directed that Maharwal Khewaji Trust shall file the statement of accounts for the last five years before the next date of hearing."

Senior Advocates Mukul Rohatgi and Rakeshi Dwivedi appeared for Rajkumari Deepinder Kaur, the Trust and its Trustees, Senior Advocate Krishnan Venugopal appeared for Bharat Inder Singh son of Kanwar Manjit Inder Singh while Senior Advocate V. Giri appeared for Rajkumari Amrit Kaur before the Supreme Court.

The Apex Court noted, "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. The Special Leave Petition (C)Nos. 9151-9153 of 2020 are, therefore, dismissed without any order as to costs."

Further with respect to Special Leave Petition (C) Nos. 11206-11208 of 2020, the Bench held –

"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. Special Leave Petition (C) Nos. 11206-11208 of 2020, thus being devoid of any substance, are dismissed without any order as to costs."

Next the Court considered Special Leave Petition (Civil) Nos. 10211-10213 of 2020 preferred by Rajkumari Amrit Kaur, and observed –

"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. Special Leave Petition (Civil) Nos.10211-10213 of 2020 are, therefore, dismissed without any order as to costs."

Accordingly, the Court disposed of the SLPs.

Cause Title – Maharani Deepinder Kaur (Since Deceased) Through Lrs. and Ors. V. Rajkumari Amrit Kaur and Ors.

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