The judgment established the principles of intestate succession and the inapplicability of the Rule of Primogeniture in determining the succession to the properties left behind by the Ruler.

ORDER :

UDAY UMESH LALIT, CJI.

1. These Special Leave Petitions arise out of the common judgment and order dated 01.06.2020 passed by the High Court¹[High Court of Punjab & Haryana at Chandigarh.] in RSA No. 2006 of 2018 (O&M), RSA No. 1418 of 2018 (O&M) and RSA No. 2176 of 2018 (O&M).

2. The controversy in the instant matters concerns succession to the properties left behind by Raja Harinder Singh, former ruler of Faridkot State. The relationship between the parties having not been disputed, the genealogical chart may be extracted here for facility.

3. Raja Harinder Singh, as Ruler of Faridkot State, entered into a Covenant on 05.05.1948 with the Government of India and executed Instrument of Accession, as a result of which the area forming part of Faridkot State became part of the Indian Union. PEPSU Covenant (Exh. D-6) entered into by Rulers including said Raja Harinder Singh inter alia provided as under:-

“Article VI

(1) The Ruler of each covenanting State shall, as soon as may be practicable, and in any event not later than the 20th of August, 1948, make over the administration of his State to the Raj Pramukh and thereupon-

(a) All rights, authority and jurisdiction belonging to the Ruler which appertain, or are incidental to the Government of the Covenanting State shall vest in the Union and shall hereafter be exercisable only as provided by this Covenant or by the Constitution to be framed thereunder.

(b) All duties and obligations of the Rulers pertaining or incidental to the Government of the Covenanting State shall devolve on the Union and shall be discharged by it;

(c) All the assets and liabilities of the Covenanting State shall be the assets and liabilities of the Union; and

(d) The military forces, if any, of the Covenanting State shall become the military forces of the Union.

…… …

Article XII

(1) The Ruler of each Covenanting State shall be entitled to the full ownership, use and enjoyment of all private properties (as distinct from State properties) belonging to him on the date of his making over the administration of that State to the Raj Pramukh.

(2) He shall furnish to the Raj Pramukh before the 20th day of September, 1948, and inventory of all the immovable properties, securities and cash balances held by him as such private property.

(3) If any dispute arises as to whether any item of property is the private property of the ruler or State property, it shall be referred to such person as the Government of India nominate in consultation with the Raj Pramukh and the decision of that person shall be final and binding on all parties concerned. Provided that no such dispute shall be so referable after the 31st day of December, 1948.

…… …

Article XIV

(1) The succession, according to law and custom, to the Gaddi of each Covenanting State, and to the personal rights, privileges, dignities and titles of the Ruler thereof is hereby guaranteed.

(2) Every question of disputed succession in regard to a Covenanting State w