Kapurthala Royal Property Feud: SC Rules Primogeniture Custom
New Delhi : In a landmark judgment that finally closes the chapter on one of the longest-running succession disputes in Indian legal history, the Supreme Court on Thursday ruled that the properties of the erstwhile Kapurthala kingdom will be transferred among all family members in accordance with Hindu Laws and not just to the male heir apparent under the archaic rule of Primogeniture.
A Division Bench comprising Justice Pankaj Mittal and Justice SVN Bhatti gave the verdict after the matter remained in active litigation in multiple courts for nearly five decades, according to a statement.
The Division Bench of the Supreme Court set aside the concurrent findings dated September 3, 2004 and November 19, 2010 passed by the Delhi High Court holding that the custom of Primogeniture was applicable to the properties of the erstwhile Ruler.
The dispute relates to the properties of the Kapurthala royal family, comprising valuable immovable properties and movable properties held by the former Maharaja of Kapurthala in India and abroad. In 1977, the eldest son of the family, his mother and daughters filed a partition lawsuit against their father, demanding the distribution of the family property.
The father, who succeeded Gaddi on the death of Maharaja Paramjit Singh in 1955, objected to the partition, stating that the properties of the Kapurthala Rulers had always been devolved as Indivisible Succession in accordance with the tradition of Primogeniture and that the crown prince had absolute possession of such properties.
The Supreme Court held that all members of the family have property rights and the transfer of power will be governed by the Hindu Succession Act, 1956. After the merger agreement was signed and certain properties were declared as personal private properties of the Maharaja, only the perceived throne was transferred according to the rule of primogeniture and not the personal properties of the ruler.
Following the disappearance of British supremacy and the signing of the unification agreement, the Maharaja assumed the status of ruler only for his namesake to succeed Gaddi, the statement said.
Personal Properties declared by the Ruler at the time of signing the merger agreement shall be transferred to successors as per the Hindu Law of Succession and not as per the Primogeniture Rule. It was therefore allowed in the Appellate Division and the High Court Judgment based on the rule of Primogeniture in favor of the father was set aside.
Senior Advocate Nikhil Nayyar and Raj Shekhar Rao appeared on behalf of the Appellants and Respondent No.2 (Eldest Son and Daughters) and Ujjal Banerjee, Partner and Registered Advocate Anmol Sehgal, Senior Partner Shrikant Ramteke, Deeptam Bhadauria, Nikhil RT, Partners and Advocates-Divyanshu Rai, Taruna, Aashna Chawla, guided by Capital Law Chambers LLP The statement also included Rajarshi Roy. It was stated that he received
Meanwhile, Senior Advocate Santosh Paul and Arun Mohan, Sameer Parekh and DP Mohanty appeared for Contestant Respondent No. 1 (Father) instructed by Parekh & Co led by Swati Bhardwaj.
