'Enemy property' case began in 1951 but where does estate stand now?

BHOPAL: The govt documents from 1951 state that over 600 acres belonging to Abida Sultan, the eldest daughter of the Nawab of Bhopal, who moved to Pakistan, were identified and listed as enemy property. It included Sarf-i-Khas (rulers' inheritance, private property), which is 54.6 acres of land in the heart of Bhopal.
In nearly seven decades since 1951, the Bhopal State inheritance, under Pataudi royal family, continued to execute gift deeds and property transactions, many of which are now under enemy property scanner.
As recently, as Jan 3, Office of the custodian of enemy property of India (CEPI) had stated in an RTI reply, the identification of Nawab of Bhopal's Hamidullah Khan's properties ‘is ongoing'.
After 2015 CEPI vesting order, Pataudis argued Sajida Sultan was recognised by the government of India as Begum of Bhopal in 1961 after the death of her father in 1960.
HR Nair, Custodian of Evacuee Property, Bhopal State, reported on Oct 29, 1951, that properties belonging to Princess Abida Sultan were declared as evacuee property, including properties located in Intkheri village consist of 331.36 acres of land and one bungalow.
In Chhindwara village, 216.33 acres of land and another bungalow. A notice under Section 7 of Act XXXI of 1950 to the Secretary, Sarf-i-Khas, concerning 54.6 acres of land in Halalpur village. According to experts, the later is now part of Koh-e-Fiza.
In 2024, the Madhya Pradesh High Court (MPHC) upheld a 2021 decision by the Sub-Divisional Magistrate (SDM) Bairagarh rejecting a 1969 unregistered gift deed from the late Sajida Sultan Pataudi.
The deed purportedly transferred property in Halalpur to Basantilal and Balram. The Pataudi family, including Saif Ali Khan, Sharmila Tagore, Soha Ali Khan, and Saba Ali Khan, were involved in the legal proceedings.
Section 17 of Registration Act provides that registration of instrument of gift of immovable property is compulsory.
Experts say most properties connected to the Nawab were acquired through gift deeds. One example is the case of Justice Salamuddin and his residence, 'Dar-Us-Salam'. The property was reportedly obtained through a gift deed lacking proper documentation.
Properties In-Hand In ‘Single Digit'?
The six-digit, multi-crore loss to Pataudi's following vesting of property is a figure only Bhopal's Patiyabaz can substantiate. Sample this. In 2017, in a parliamentary reply, CEPI estimated 11773 acre of immovable property across India is worth Rs 1,04,219 crore. With an average worth of Rs 8.8 crore per acre, the value of 601 acre of Abida's enemy property would be about Rs 5300 crore. That said, how much of property do the Pataudi's still have to lose?
The only palace, or place to call home for the family is flag staff house in Koh-e-Fiza, which as per estimates would not cross a few crores. There are properties in Bhopal, Raisen and Sehore linked to Bhopal State, but most are sold or gift deeds.
The actual loss as lies in the court judgements, is much higher as a result of the CEPI vesting.
Naïve Not Really. But Did Royals' Know End Result?
The Nawab Family, perceived as naïve for selling royal properties below market value, appears to have made shrewd decisions, especially considering the 2015 CEPI vesting and the 1951 custodian notice. These properties were largely unaffordable to average Bhopal residents. Sources indicate that most royal properties were sold to individuals who could afford them, regardless of their awareness of potential risks.
Nearly seven decades after Abida Sultan, the heir apparent of the Nawab of Bhopal, was declared an ‘enemy evacuee', the question arises of where the Pataudi family might call home in Bhopal. Sajida Sultan, Saif Ali Khan's grandmother, inherited the remnants of Bhopal State and the Nawab's private properties. This inheritance effectively passed to her from the Pataudi family.
Tiger Pataudi, three sisters, and the inheritance. Flag Staff House, a palace property, is reportedly available for purchase. In the last few visits, royal family members have utilized this bungalow.
Besides litigations in court, there is another ground reality check for the Pataudi royals. Amended enemy property has retrospective effect from the time of commencement of the 1968 Act. As for all things in Bhopal, "Roll the dice".
A Connected, Disconnect With Bhopal
Complaints about transfer of Bhopal State belongings to Pataudi some decades ago, was reported to govt by one of the late Nawab's wife. It caused tension and a number of litigations. Tiger Pataudi's with title of ‘Nawab of Bhopal' attempted to continue the connect with Bhopal. His political ambitions failed and the disconnect with Bhopal increased. After Tiger's death, Saif Ali Khan before he could engage with Bhopal, was shown black flags in a cricket match honouring his father's legacy. Saba Ali Khan manages the royal endowment religious trust (Auqaf-e-Shahi) but has avoided the media interactions in the city since the start of pandemic.
Foreign Were The Real ‘Assets' Of The Nawab
According to documents, Nawab of Bhopal, Hamidullah Khan informed the Indian government that his foreign assets were approximately Rs 70 lakh on July 15, 1949. With his daughter, accused of becoming an enemy evacuee, records indicate the Nawab of Bhopal got back between Rs 20 and 25 lakhs from Pakistan to settle debts in Darwins (UK). Then there was a potential sale of Darwins. Believed companies deprived of their steelworks due to nationalization were the most likely buyers. Nawab of Bhopal is cited to have paid £325,000 and owes £150,000 to Barclays, totaling £475,000. Expected to receive £500,000 for 9,15,000 Darwin shares. This transaction is contingent upon the liquidation of Rahon and aims for completion by July or Aug 1951. If the deal falls through, plan was to wait and potentially sell the shares in 1962, hoping for a higher price. He died in 1960.
A Newspaper Article That Triggered ‘Enemy Status'
For over two years, after 1949, Indian govt investigated the Nawab of Bhopal and Abida Sultan Begam for potential violations of the Evacuees Property Ordinance related to fund transfers to Pakistan. The investigation stemmed from concerns about their status as "intending evacuees" after transferring over Rs 10 lakhs.
The govt decided not to pursue action against them in Feb 1950, after they provided explanations for the transfers and denied plans to leave India.
In March, 1951 a Karachi newspaper Anjan, cited a dinner in Karachi, to honour Ibrahim Haroon Jaffar, a businessman, where Abida was referenced to have said ‘living with freedom in Pakistan". By June she was declared an evacuee and her accounts were frozen.