Summary
Raja Harinder Singh, former ruler of Faridkot, died in 1989, his only son having predeceased him. A 1982 will read out after his death left everything to the Maharwal Khewaji Trust. His eldest daughter, disinherited by it, sued for her share, and his younger brother claimed the estate by primogeniture. The trial court held the will not genuine and decreed the daughter's half share with her surviving sister, rejecting the brother's claim. The first appellate court and the High Court affirmed, the High Court holding the Faridkot Estate Act, 1948 invalid and primogeniture inapplicable to private properties. The brother's son took the share of the Ruler's mother, a Class I heir, under her registered will. The Supreme Court dismissed all the special leave petitions and gave directions on the Trust's properties pending execution.
Issues
- Whether the Supreme Court should interfere with concurrent findings that the 1982 will of the former Ruler of Faridkot was not genuine and that his private estate devolved by intestate succession
- Whether the Ruler's private properties devolved by the rule of primogeniture on his brother
- Whether the share of the Ruler's mother, as a Class I heir, passed under her registered will
Held
- The validity of the 1982 will and the objections of frame of suit and limitation under Section 34 of the Specific Relief Act had been dealt with extensively by all three courts below. There was no reason to upset their concurrent view that the will was not genuine and the Trust it created was non-existent. (¶¶ 14, 19, 25)
- In view of the specific findings of the courts below, including the High Court, no case was made out for applying the rule of primogeniture to the Ruler's private properties, so the brother's son's challenge failed. (¶¶ 19, 20, 26)
- Once the will of the Ruler's mother was found validly executed, her share in his estate as a Class I heir was governed by that will. The High Court's findings on that point were fully justified. (¶¶ 21, 22, 27)
- The reports and accounts filed under interim orders were to be sent to the trial court. The Trust could run the charitable hospital only until 30 September 2022, after which its management, finances and any need for a receiver would be decided by the executing court. The remaining properties were to be maintained as they were pending orders of that court. (¶¶ 23, 24, 28)
Result
Special leave petitions dismissed and disposed of with directions regarding the Trust's hospital and properties pending execution; no order as to costs.