The Supreme Court has ruled that only the 'gaddi' (throne) of an erstwhile Maharaja can be inherited according to the rule of primogeniture, which designates the eldest male lineal descendant as the successor. However, properties and royal assets must be divided among legal heirs as per Hindu or Muslim succession law.
A bench of Justices Pankaj Mithal and SVN Bhatti stated that "only the perceived throne devolved according to the rule of primogeniture, but not the personal private properties of the ruler." The court set aside the High Court order which had held that primogeniture would prevail in the succession of properties. This ruling brings an end to litigation spanning 49 years among the descendants of Maharaja Paramjit Singh of Kapurthala. The court directed the eldest male to share property with other legal heirs as per Hindu succession law.
The bench noted that the merger agreement signed by the Maharaja with the Indian government preserved the rule of primogeniture only for succession to the throne, but did not guarantee this for the private personal properties of the Maharaja. The court observed that upon signing the merger agreement, rulers surrendered their sovereignty and became ordinary citizens with certain rights and privileges as outlined in the Constitution. "Such a person, though defined as a 'ruler', has no territory and exercises no sovereignty over any subjects. He is simply a citizen of India with certain privileges because he or his predecessors surrendered their territory, powers, and sovereignty to the Dominion of India. Apparently, such rulers were in name only, with no lands or personal property. They were rajas without praja," the bench remarked.
The Supreme Court concluded: "In view of the above discussion that the properties declared to be the private properties of the Maharaja would devolve according to Hindu law/law of succession and not by rule of primogeniture, the judgment and order of the learned single judge as well as of the division bench of HC which holds that the rule of primogeniture would prevail in the succession of properties is illegal and is unsustainable in law."
