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Nizams fighting legal battles to stake claim of ‘legitimate’ property share

Nov 11, 2024 03:55 AM IST

Azam Jah claimed that as per the conservative estimates made by revenue department authorities, the value of these properties would be around ₹1,276 crore

It has been exactly three centuries since the Asaf Jahi dynasty of the Nizams, who ruled the princely state of Hyderabad, was established and the descendants of the Nizams are still fighting pitched legal battles to stake claim of their “legitimate” share in the properties that are now worth thousands of crores of rupees.

Azam Jah has sought ownership of six properties, including the Falaknuma Palace. (HT Photo)
Azam Jah has sought ownership of six properties, including the Falaknuma Palace. (HT Photo)

While the legal battle is primarily among the children of Prince Mukarram Jah, the grandson of Mir Osman Ali Khan, the Nizam VII and the last ruler of the Asaf Jahi dynasty, thousands of descendants of the dynasty – right from Nizam I to Nizam VII, are also claiming a share in the ancestral properties.

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In the latest twist to the battle, Alexander Azam Jah, the second son of Mukarram Jah, filed a writ petition in the Hyderabad city civil court in September seeking a 2/6th share in the properties, both movable and immovable, as well as the income of his father and any other assets that might not have been disclosed yet.

In his petition, which was seen by HT, Azam Jah listed six properties, including Falaknuma Palace that has been built on 25 acres of land in the old city of Hyderabad, Chowmahalla Palace built on 3.5 acre, Chiran Fort Palace built on six acres of land, Purani Haveli built on 26 acres of land and King Kothi and Nazri Bagh Palace on six acres, besides Cedar’s Palace in Ooty built in 31.92 acres.

Besides, he also wanted a share in the antique artefacts, furniture, Persian carpets, paintings, chandeliers, marble statues, antique cars including a Rolls-Royce car, swords, shotguns, jewellery and proceeds and benefits received by his father from any trusts.

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Azam Jah claimed that as per the conservative estimates made by revenue department authorities, the value of these properties would be around 1,276 crore and requested that the court issue a decree awarding him 2/6th of the total value of these properties.

Azam Jah, who presently stays in Australia, was born to Helen Ayesha Jah, the second wife of Mukarram Jah. What made him come to Hyderabad to file the petition in the court was the self-declaration of his brother, Mir Mohammed Azmat Ali Khan Azmet Jah, the eldest son of Mukarram Jah born to the latter’s first wife Esra Yegane, as the ninth titular Nizam on January 20, 2023, a week after the death of his father.

Interestingly, Azmet Jah, who is a filmmaker, professional photographer, and cinematographer, stays in London. After Mukarram Jah died in Istanbul, Turkey, on January 14, 2023, Azmed Jah and Esra accompanied the mortal remains to Hyderabad, where he was laid to rest at Mecca Masjid four days later.

Azam Jah claimed in his petition that he could not attend the funeral of his father Mukarram Jah as he could not get a valid visa at that time. He was apprehensive that his elder brother, Azmet Jah, and his mother, Esra Yegane, were trying to take control of all the properties and there is a possibility that some or all of the properties could be sold by them.

He also pointed out that his father had married four other women, apart from his mother, Ayesha, and Azmet Jah’s mother, Esra Yegane, and all of them were divorced. “They were promised maintenance and Meher (alimony) at the time of divorce and but did not get the same. They, too, have filed petitions seeking a share in the properties,” Azam Jah said.

He said that as per the Shariah law the properties of the VIII Nizam should be divided between his four surviving children whereas he and Azmet Jah are entitled to 2/6th shares each.

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THE NIZAM’S PROPERTIES

For the record, Osman Ali Khan surrendered to the Indian Army on September 17, 1948 after a police action named Operation Polo, and merged the Hyderabad state with the Indian Union, thereby ending the Asaf Jahi rule in the state.

Considered to be the richest man in the world of his times with a net worth of US $230 billion, Osman Ali Khan bypassed his two sons – Mir Azam Jah and Mir Moazzam Jah – and named his grandson, Nawab Mir Barkat Ali Khan alias Mukarram Jah, son of Azam Jah, as his successor with the title of Nizam VIII.

After the death of his grandfather in 1967, Mukarram Jah held the title of Nizam VIII till 1971, when the Indian government abolished all titles and privy purses. But he continued to the titular Nizam VIII, at least as per the hierarchy of the Nizams, if not in official records.

“As per the tradition prevalent in the Asaf Jahi dynasty, like in any other kingdom, the legal heir of the dynasty will inherit the properties and assets. So, Mukarram Jah, who was declared as his successor, was believed to be the natural inheritor of all the properties of his grandfather,” said noted Musim scholar of Hyderabad Mir Ayub Ali Khan, who has been keenly following the developments in the Nizam’s property issue.

Mukarram Jah, however, did not enjoy any of his properties but migrated to Australia in early ’70s, soon after the abolition of titles. There, he spent a lavish life without bothering about what is happening to his ancestral properties in India. He bought a massive tract of land and maintained a huge sheep farm.

“He used to visit Hyderabad now and then and stay at Chiran Palace Fort inside KBR Park in Jubilee Hills. Yet, he was least bothered about the legacy of the Nizams,” Ayub Ali Khan said, adding that Mukarram Jah later moved to Istanbul, the capital of Turkey, where he breathed his last.

According to him, not just the six palaces in Hyderabad, the Nizam VII had thousands of properties located in different parts of India as well, particularly in Maharashtra and Karnataka. After Nizam merged Hyderabad with the Indian Union, the then Indian government allowed him to retain his properties, which were mentioned in a “blue book,” he said.

Since Mukarram Jah had left for Australia for good, there was no way the properties could be maintained. While some of the properties could have been encroached upon, no official records could be traced with regard to some other properties. “Some properties might have changed hands. The details of many properties listed in the blue book could not be traced, at least for now,” one of the Nizam’s family members said.

OTHER CLAIMANTS

The legal battle is not just between Azam Jah and his brother, Azmet Jah, but there are many other descendants of the Asaf Jahi dynasty who are claiming their rightful share in the Nizam’s properties.

Spearheading the cause of these descendants is Nawab Raunaq Yar Khan, the great grandson of Nizam VI, Mir Mahboob Ali Khan, whom they had chosen as the Nizam IX on March 2, 2023, opposing the coronation of Azmet Jah by the latter’s family a week after Mukarram Jah’s death.

“There are around 4,500 descendants of the Asaf Jahi dynasty, from Nizam I to Nizam VI. Of them, 2,800 descendants are alive and they have formed into Majlis-e-Sahebzadan Society and chosen me as the Nizam IX, while only a splinter group of the family preferred to call Azmet Jah as the Nizam IX,” Raunak Yar Khan said.

Besides, there were another 34 successors of the Nizam VII, Mir Osman Ali Khan. “Their family members account for 126 descendants. At least 90 of them are supporting me. So, I have taken up the legal battle on behalf of more than 3,000 descendants of the Nizams – right from Nizam I to Nizam VII,” Raunak Yar Khan said.

He differed with the argument that the Nizam’s direct heirs would have the complete right over the properties and assets. “When the Asaf Jahi dynasty itself had ended in 1948 and the title of the Nizam was abolished in 1971, the argument that properties of the Nizam would be inherited only by his heirs has no meaning. They have to be distributed as per the Indian Muslim personal law, Sharia,” he asserted, adding that the title Nizam IX which he and Azmet Jah were holding were mere ornamental, given by the family.

Raunak Yar Khan said Mukarram Jah had never bothered to come to India, nor had his children who preferred to stay abroad. “So, they cannot claim control over the Nizam’s properties,” he said, adding that the whole objective of the Nizam’s descendants is to see that the wealth of the dynasty would remain within the country and not siphoned off to other countries.

Ayub Ali Khan says it is difficult to say how the court will react to this piquant situation. “Will it apply the modern law or will it consider the older law of inheritance of properties from king to his heirs, remains to be seen,” he said.

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