MAHARANI DEEPINDER KAUR (SINCE DECEASED) THROUGH LRS. & ORS. versus RAJKUMARI AMRIT KAUR AND ORS.

MAHARANI DEEPINDER KAUR (SINCE DECEASED) THROUGH LRS. & ORS. versus RAJKUMARI AMRIT KAUR AND ORS.

Concurrent findings of the Trial Court and High Court that the alleged Third Will dated 01.06.1982 was fabricated, that Rule of Primogeniture did not apply to succession of the Ruler's private properties, and that the registered Will of Maharani Mohinder Kaur (29.03.1990) was valid and governed the share of her beneficiaries, justify dismissal of challenges; succession to the properties shown as private in the Covenant is governed by personal law/valid testamentary instruments rather than primogeniture or the Raja Faridkot Estate Act, 1948.

Parties
Appellant/petitioner: Maharani Deepinder Kaur (since deceased) through LRs. & Ors.; Appellant/petitioner: Rajkumari Amrit Kaur; Appellant/petitioner: Bharat Inder Singh (son of Kanwar Manjit Inder Singh); Respondent/defendant: Maharwal Khewaji Trust
Jurisdiction
India
Judgment Date
07 September 2022
Procedural Posture
Special Leave Petition (civil) / Disposed by Supreme Court Judgment on Appeal From High Court Order Dated 01.06.2020
Outcome
All Special Leave Petitions dismissed; concurrent findings of lower courts upheld.
Legal Topics
Hindu Succession Act, 1956 S.5, Rule of Primogeniture, Validity of Wills (alleged 1982 Will), PEPSU Covenant/instrument of Accession, Raja Faridkot Estate Act, 1948, Maintainability of Suits, Operation of Trust Bank Accounts/interim Reliefs, Section 34 Specific Relief Act, 1963 (limitation)
Succession Property Law Trusts Wills Civil Procedure Hindu Succession Act, 1956 S.5 Rule of Primogeniture Validity of Wills (alleged 1982 Will) +5 more

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Parties

Maharani Deepinder Kaur (since deceased) through LRs. & Ors.

Appellant/petitioner

Rajkumari Amrit Kaur

Appellant/petitioner

Bharat Inder Singh (son of Kanwar Manjit Inder Singh)

Appellant/petitioner

Maharwal Khewaji Trust

Respondent/defendant

Procedural Posture

Special Leave Petition (civil) / Disposed by Supreme Court Judgment on Appeal From High Court Order Dated 01.06.2020

Legal Issues

  1. 1 Whether Raja of Faridkot Estate Act, 1948 applied to succession to private properties of the Ruler
  2. 2 Whether Rule of Primogeniture governed succession to the Ruler's private properties
  3. 3 Whether the Third Will dated 01.06.1982 was genuine and valid

Ratio Decidendi

Concurrent findings of the Trial Court and High Court that the alleged Third Will dated 01.06.1982 was fabricated, that Rule of Primogeniture did not apply to succession of the Ruler's private properties, and that the registered Will of Maharani Mohinder Kaur (29.03.1990) was valid and governed the share of her beneficiaries, justify dismissal of challenges; succession to the properties shown as private in the Covenant is governed by personal law/valid testamentary instruments rather than primogeniture or the Raja Faridkot Estate Act, 1948.

Court Disposition

All Special Leave Petitions dismissed; concurrent findings of lower courts upheld.

Orders

  • All reports, statements of accounts and other documents lodged with this Court pursuant to interim directions shall be sent by the Registry to the Trial Court.
  • The Trust is entitled to run the Charitable Hospital only up to 30.09.2022; thereafter management, finance and control including appointment of a Receiver shall be subject to orders of the Court executing the decree.