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RANJAN GOGOI, DEEPAK GUPTA, ANIRUDDHA BOSE
TALAT FATIMA HASAN THROUGH HER CONSTITUTED ATTORNEY SH. SYED MEHDI HUSAIN – Appellant
Versus
NAWAB SYED MURTAZA ALI KHAN (D) BY LRS. – Respondent
JUDGMENT :
DEEPAK GUPTA, J.
1. “Whether succession to the properties declared by an erstwhile ruler to be his private properties in the agreement of accession with the Dominion of India will be governed by the rule of succession applicable to the “Gaddi” (rulership) or by the personal law applicable to the ruler”, is the question for consideration in the present appeals.
2. The British Government decided to withdraw from the Indian subcontinent and the plan in this regard was published on 03.06.1947 which envisaged the formation of two countries, India and Pakistan. As per the Indian Independence Act, 1947 two independent Dominions – India and Pakistan were created. The ruling princes had the right to decide to which Dominion, India or Pakistan, they were to cede to. Section 6 of the Government of India Act, 1935 provided that an instrument of accession was to be executed by the ruler of the State. Various rulers signed instruments of accession on various dates. Some immediately on 15.08.1947 and some much later. Some rulers voluntarily ceded their territories to the Indian Union and some had to be cajoled to do so. In the various talks held by the Indian Government and the princely S
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