Bhopal: The fate of properties worth Rs 15,000 crore, owned by the former rulers of Bhopal and inherited by actor Saif Ali Khan and his family, remains uncertain. This is due to doubts about whether an appeal has been filed against an order by the Office of the Custodian of Enemy Property, according to lawyers. If the Nawab of Bhopal’s successors do not challenge the order, the properties could come under the control of the central government.
It is unclear if an appeal has been filed with the Mumbai-based Office of the Custodian of Enemy Property, which operates under the Union Home Ministry, following a December 13, 2024, decision by the Madhya Pradesh High Court. Saif Ali Khan’s mother, actress Sharmila Tagore, and others had earlier challenged a 2015 order by the Custodian of Enemy Property, which labeled the Nawab’s properties as “Enemy Property.”
The Office of the Custodian of Enemy Property, under the Home Ministry, ruled that the properties of Nawab Muhammad Hamidullah Khan should be classified as “Enemy Property.” This decision was based on the fact that his eldest daughter, Abida Sultan Begum, moved to Pakistan after Partition. As a result, the properties she was supposed to inherit were deemed to belong to the Custodian of Enemy Property for India.
However, senior advocate Jagdish Chhavani, an expert on the Nawab’s property matters, referred to a government order from January 10, 1962. This order stated that after Nawab Hamidullah Khan’s death in 1960, the Government of India recognized Sajida Sultan Begum as his sole successor. The order confirmed that Sajida Sultan Begum inherited all of Nawab Hamidullah Khan’s private properties, both movable and immovable, and that the Government of India had no objection to transferring the properties to her.
Sajida Sultan Begum, the second daughter of Nawab Hamidullah Khan, became the owner of his properties after her elder sister, Abida Sultan Begum, moved to Pakistan. Sajida’s son, Mansoor Ali Khan Pataudi (Tiger Pataudi), later inherited the properties, and after his passing, Saif Ali Khan became their rightful owner. These properties are estimated to be worth nearly ₹15,000 crore.
However, the Custodian of Enemy Property’s ruling classified the properties as “Enemy Property,” creating a dispute over ownership. This decision was challenged in 2015 by Sharmila Tagore (Saif Ali Khan’s mother and Mansoor Ali Khan Pataudi’s wife) in the Madhya Pradesh High Court.
During a hearing on December 13, 2024, the government lawyer stated that the Enemy Property Act, 1968, had been repealed in 2017, effective retrospectively. A new appellate authority was set up to resolve disputes regarding enemy property.
Justice Vivek Agrawal, in his December 13 order, advised the involved parties to use the statutory remedy of filing a representation with the appellate authority. However, he noted that the issue of time limitations might arise due to the delay in pursuing this remedy.
“Therefore, it is directed that if representation is filed within thirty days from today (December 13), then the appellate authority shall not advert to the aspect of limitation and shall deal with the appeal on its own merits,” the order said. “In above terms, the petitions stand disposed of,” it added.
However, Bhopal Collector Kaushlendra Vikram Singh said he has not seen the high court order and will comment only after getting all relevant details. Advocate Chhavani said in case Saif Ali Khan’s family has not yet filed an appeal during the stipulated period of 30 days from the date of order, they (Khan family) can still approach the authorities and request for an extension citing various exigencies, including the recent one (attack on the actor at his Mumbai residence).
He said till this confusion prevails, the fate of lakhs of people occupying these properties as owners and tenants will remain in limbo. The properties inherited by Saif Ali Khan and his family include Noor-Us-Sabah Palace, Dar-Us-Salam, Bungalow of Habibi, Ahmedabad Palace and Flag Staff House. The Enemy Property Act was passed in Parliament in the aftermath of the India-Pakistan war (1965) to regulate properties left behind in India by those who emigrated to Pakistan.
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