|
prime concern |
|
Faridkot heritage Battle royale, riches won in courts The story of Faridkot royals is an intriguing tale of forbidden love, a forged will, the mysterious death of a princess, a prolonged legal battle and a climax in which the rebel daughter inherits her rightful property worth crores. By Kanchan Vasdev and Balwant Garg
“IT was a yearning for my father’s love that kept me going for 21 long years to win the legal battle for inheritance. I could never believe that my father, who was a larger-than-life personality for me, though angry at my marriage against his wish, could disown me from the royal heritage of Faridkot. My fight was a mission; to prove to myself that he loved me as his eldest daughter,” recounts 74-year-old Amrit Kaur, erstwhile “princess” of Faridkot who won a property suit worth millions early this week. The long-drawn legal battle kept her faith in her father’s sense of justice. “My eyes welled up the day the judgment was pronounced. I am at peace that my father was not against me as the forged will indicated and it was a handiwork of a coterie of servants and employees,” she says. Unlike the rulers of Patiala and Kapurthala, with their controversial lifestyles, the erstwhile princely state of Faridkot has not figured much in folklore, anecdotes or in books. But the recent judgment has put it in the spotlight. Amrit Kaur, who married an IPS officer as a 19-year-old, severed the royal connection and spent decades fighting two major battles — marrying a man who was employed with her father and staking her claim to her father’s property. Her younger sister became the chairperson of a public trust that managed the property and was a defendant in the suit. “My father was very fond of me. He was upset for two years after I got married, but he did come around. He would write to me and invite me to visit him on his birthday every year. When he was on his deathbed, he would not let me leave him even for a moment. He would say, ‘mainu chadd ke na jayin’ (please do not leave me),” Amrit Kaur recalls. She could not sleep for years after his death in 1989. It was in 1991 that she decided to fight it out in court.
The Maharaja Harinder Singh was crowned Maharaja at the age of three in 1918 after the death of his father. The Council of Administration managed the kingdom for over 15 years. He was invested with power on October 17, 1934, and was the last ruler of Faridkot. His wife Narinder Kaur bore him three daughters — Amrit Kaur, Deepinder Kaur and Maheepinder Kaur — and a son, Tikka Harmohinder Singh, who died in a road accident in 1981. Born in 1915, the Maharaja studied at Atkinson College, Lahore, and was an outstanding student. He was passionate about aircraft, motorbikes and expensive cars. He owned four aircraft, including a Gemini M65, which are in the hangar of Faridkot Palace. Among his fleet of 18 cars are a Rolls Royce, Bentley, Jaguar, Daimler and Packard. His major contribution was in education, says Subhash Parihar, who has written six books on the architecture of old Punjab. The Maharaja faced the Praja Mandal Movement in 1938, seeking the establishment of a responsible government. He was successful in suppressing it for a while, but in 1946, the movement gained ground and in 1948, the States Ministry of Independent India compounded the State of Faridkot along with Patiala, Nabha, Malerkotla and Kapurthala to form PEPSU. He died in 1989, leaving behind a dubious will and controversy over his whopping assets.
Loopholes in ‘will’ Accusation:
Amrit Kaur accused Brijinder Pal Singh Brar, an advocate who was an attesting witness to the controversial will, of influencing the Maharaja to make the dubious will. As he was a beneficiary and close to a senior advocate who was the executor of the will, it raised question about his bona fide.
The judgment On July 25 this year, the CJM court, Chandigarh, partly dismissed the suit filed by Amrit Kaur and declared the will as null and void, not binding upon her rights. It said she was entitled to joint possession to the extent of half share with her surviving sister Deepinder Kaur, except properties that have been acquired. It said in its 129-page order that five circumstances created suspicion. These were: Dubious witness: Brijinder Pal was an attesting witness and relative of the executor of the will, so it raised doubts about the will. Inky tales: Different inks were used by the attesting witness at the time of the attestation of the will and its registration. Check spell: Wrong use of “harrograph” will for “holograph” will. The Maharaja had won a gold medal in essay writing in English at Atkinson College, Lahore, in 1932. How could he err? It was not a holograph will, the court ruled. Slow to present:
There was delay in the production of the will. Safekeeping: The will was in ‘wrong’ custody, so it is fake on the basis of the evidence of the Trust members.
Rich architecture Faridkot state was 64-km long and 54.7-km wide. Representing a style of architecture that flourished during the 19th century in the states of Punjab, the rulers of Faridkot built forts, palaces with intricate artwork, ‘havelis’, and administrative and educational buildings, says Subhash Parihar, an art historian and author of the book, Architectural Heritage of a Sikh State: Faridkot. Faridkot state had two towns — Faridkot and Kotkapura. “Kot” indicated that it was a fort or stronghold, and around it, a town would grow.
Primogeniture vs Hindu Succession Act The rule of primogeniture (the custom by which all of a royal family’s property goes to the oldest son) and the Hindu Succession Act, which allows a daughter equal share in the property, were at clash during the legal fight over the Maharaja’s property. Demanding her share, Amrit Kaur claimed her brother Tikka Harmohinder Singh died in 1981, during the lifetime of her father. The Maharaja had submitted a list of his properties, which was accepted by the Union Government, and these properties were deemed ancestral as well as individual properties, subject to the law of inheritance under the law of the land — the Hindu Succession Act. Hence, such inheritance cannot be governed by primogeniture. Moreover, the rule is feudal and violative, not only of the Constitution, but also of the Hindu Succession Act. It is discriminatory as it excludes females from inheritance. Even if primogeniture was applicable, Amrit Kaur claimed she was entitled to succeed to the entire estate since she was the eldest surviving child and there were no males who could take priority under primogeniture.
Property ‘worth’ Rs 130! The Maharaja’s eldest daughter, and son and daughter of his younger brother had staked claim to his estate, and had filed a civil suit in Chandigarh in 1992. Bharat Inder Singh and Raj Kumari Dev Inder Kaur, children of the Maharaja’s younger brother Manjit Inder Singh, had demanded one-third share in the property. They affixed a paltry court fee of Rs 19.50 while assessing the property’s value at Rs 130! The market value of the property is pegged at Rs 20,000 crore (some estimates put it at Rs 15.79 crore). Setting aside their claim on July 25 this year, the judge remarked it was ridiculous that they had assessed the value of the property, worth billons of rupees, at Rs 130. However, Amrit Kaur, the Maharaja’s elder daughter who followed her cousins in filing the suit on October 15, 1992, had affixed a court fee of Rs 15,43,550, assessing the total value of the property at Rs 15.79 crore. The Mehrawal Khewaji Trust had objected to the Rs 15.43 lakh court fee, dubbing it insufficient as the value of the property was much higher. However, the court dismissed this objection, saying the trust had failed to give the correct market value of the properties.
In ‘wrong’ hands
The illegal Meharwal Khewaji Trust As per the Will dated June 1, 1982, ruled void by the court, all the movable and immovable properties belonging to the Maharaja were to be passed on to a trust. His daughters Deepinder Kaur and Maheepinder Kaur were named chairperson and vice-chairperson, respectively, of the trust. Amrit Kaur was left out. While the dubious Mehrawal Khewaji Trust, Faridkot, has been declared illegal, the Maharaja had set up a trust in England vide a settlement deed dated April 1, 1955, making Grindlays Bank Limited, London, the sole trustee. The bank was to disburse the income (half-yearly) from the investment in the trust among his children. The first portion was to go to his three daughters and the second to his son. After his son’s death, the income would go to his living daughters, Amrit Kaur and Deepinder Kaur.
The other trusts 1968:
Ruling Family Housing Trust Out of bounds After the Maharaja’s death, the trust denied access to the public to the highly fortified palace and fort in Faridkot. The Faridkot palace is under renovation.
Worth the
fight It’s been a peculiar case. We worked hard to collect documents and evidences. The cross-examination and critical analysis of the will made us win the case. Amrit Kaur’s daughter, Gurveen H Singh, who is also a lawyer, worked very hard. All this helped us a great
deal. — Manjit Singh Khaira, amrit kaur’s lawyer
Will fight the
order The verdict is unbelievable. It is based more on conjectures, less on facts. Amrit Kaur’s claim that her father was depressed after his son’s death is unfounded. After a month of the tragedy, the Maharaja had resumed all activities. We will fight against this court
decree. — Ranjit Singh Wahniwal, senior advocate, believed to be main executor of the will
Market assessment The market value of the property is being assessed at Rs 20,000
crore, but in a report in 1984, the District Valuation Officer, New Delhi (appointed by the Government of India under Section 16-A of the Wealth Tax Act) valued it as
under: Faridkot House, Copernicus Marg, New Delhi Faridkot House, Diplomatic Enclave
1-Naya Marg, New Delhi Okhla industrial plot Mashobra House Riviera Apartment, The Mall, Delhi Hotel plot, Chandigarh Raj Mahal, Faridkot Qila Mubarik, Faridkot Stables, Faridkot Surajgarh Fort, Mani Majra Family tree Wife: Rani Narinder Kaur (died before the Maharaja). Royal siblings
Amrit Kaur: The eldest daughter married an IPS officer and has three children. She was left out of the will in 1982. She sought legal
recourse. Deepinder Kaur: Settled near Kolkata, she was named the chairperson of the trust. She
married a royal, Sadey Chand
Mehtab, and her son Jaichand is the vice-chairman. Maheepinder Kaur:
A spinster, she died under mysterious circumstances at Mashobra in 2001. She was the vice-chairperson of the
trust. Tikka Harmohinder Singh: The lone son of the Maharaja, he died in 1981. He was a bachelor.
Rulers of Faridkot 1827-49: Raja Pahar Singh 1849-74: Raja Wazir Singh 1874-98: Raja Bikram Singh 1898-1906: Raja Balbir Singh 1906-16: Council of Regency 1916-18: Raja Brij Inder Singh 1918-34: Council of
Administration 1934-48: Maharaja Harinder Singh
Timeline 1915: Maharaja Harinder Singh is born. 1933: Amrit Kaur is born. 1934: The Maharaja is
invested with power. 1952: Amrit Kaur marries against her father’s wishes. 1981: His son, Tikka
Harminder Singh, dies of liver disease. 1989: The Maharaja passes away. 1992: Amrit Kaur moves
the court.
|
|
HOME PAGE | |
Punjab | Haryana | Jammu & Kashmir |
Himachal Pradesh | Regional Briefs |
Nation | Opinions | | Business | Sports | World | Letters | Chandigarh | Ludhiana | Delhi | | Calendar | Weather | Archive | Subscribe | Suggestion | E-mail | |