Court Dismisses Society’s Claim Over Palaces in Major Legal Development
(RAHNUMA) HYDERABAD | In a significant legal development concerning the historic properties associated with the legacy of Mir Osman Ali Khan, the Court of the XI Additional Chief Judge at Hyderabad has dismissed an implead petition filed by a society styled as M/s Majlis-e-Sahebzadagan Society.
The petition, filed through I.A. No. 399 of 2025, sought to intervene in O.S. No. 404 of 2021, a partition suit instituted by Nawab Mir Najaf Ali Khan seeking partition and separate possession of his lawful share in several historically significant properties belonging to the last Nizam.
The properties forming the subject matter of the suit include some of the most prominent palaces associated with Hyderabad’s royal heritage, including Falaknuma Palace, King Kothi Palace, Chowmahalla Palace, Purani Haveli, as well as the Harewood and Cedars bungalows located in Tamil Nadu.
Society’s Claim Rejected
The Majlis-e-Sahebzadagan Society, which claims to represent approximately 4,500 descendants of the first six Nizams of the Asaf Jahi dynasty, attempted to argue that these palaces were not the exclusive private properties of the seventh Nizam but rather belonged collectively to the earlier Nizams and their descendants.
To support its claim, the society relied on an order issued in O.P. No. 147 of 1995 related to the Nizam Jewellery Trust.
However, the claim was strongly contested by Nawab Najaf Ali Khan through his counsel Mohd Adnan, who argued that the society had no legal or proprietary interest in the properties and had attempted to mislead the Court by presenting incomplete facts.
Court Notes Suppression of Key Facts
After hearing the parties, the XI Additional Chief Judge issued a detailed order rejecting the society’s arguments.
The Court observed that the properties forming the subject matter of the suit had been formally recognized as the private and personal properties of Nizam VII by the Government of India in 1953.
Importantly, the Court also recorded that the implead petitioners had suppressed a crucial material fact. The order in O.P. No. 147 of 1995, on which the society relied, had subsequently been set aside by the Hon’ble High Court in C.R.P. No. 5564 of 1999.
Suit Limited to Family Partition
Clarifying the scope of the proceedings, the Court stated that O.S. No. 404 of 2021 is a limited family partition suit filed by Nawab Najaf Ali Khan against his own family members for determination of his share in the properties.
The Court emphasized that the proceedings are not intended to adjudicate the broader succession rights of the wider Asaf Jahi family or unrelated descendants.
Additionally, the Court noted that the implead petitioners failed to produce any documentary evidence demonstrating that either the society or its members had ever been recognized as co-owners, beneficiaries, or stakeholders in the properties.
Implead Petition Dismissed
In view of the absence of any demonstrable legal interest, the Court concluded that the society and its members cannot be treated as necessary or proper parties to the suit.
Accordingly, the implead petition filed by M/s Majlis-e-Sahebzadagan Society was dismissed in its entirety.
