Delhi High Court

Khetri Trust Regains Possession of Assets After 36-Year Legal Battle in Delhi HC

After a legal battle spanning 36 years, the Delhi High Court has ruled in favor of Khetri Trust, established by Raja Bahadur Sardar Singh, the former ruler of Khetri, granting them possession of all their assets.

These assets were bequeathed to the trust by Raja Sardar Singh before his demise in January 1987.

The division bench of Justice Najmi Waziri and Justice Vikas Mahajan dismissed the arguments presented by the Rajasthan government and granted probate (validation) of the will to the trustees.

The trustees had appealed against the single bench’s order, which had dismissed their probate petition. The petition had been filed by three of the executors appointed under the will and testament in 1987, seeking probate in favor of the trustees. Raja Sardar Singh, the last heir of the princely state of Khetri, had established the Khetri Trust on October 30, 1985, with the aim of promoting education.

Upon his demise, the state government had taken possession of all the assets of the trust by invoking the Law of Escheat, which grants the government the right to own unclaimed property and assets. Advocate Paras Kuhad, representing the appellants, stated that the state government had challenged the will on various grounds, claiming that it had not been proven in accordance with Section 63 of the Succession Act. However, they failed to substantiate their arguments regarding the originality of the will, testimonies, and property specifications.

After considering the final arguments, the court, in its order, observed, “It is clearly established that the will was executed by Late Raja Bahadur Sardar Singh and it stands duly proven. In the circumstances, the impugned order is set aside and probate is granted.”

In light of this development, Gurmeet Rai, a member of the Supreme Court committee and a renowned conservation architect, has arrived in Jaipur to assess the condition of the properties, which have long been under the possession of the government. She will be visiting all the properties in Jaipur and Khetri as well.

Prithvi Singh, the managing trustee of the Khetri Trust, expressed concern over the state government’s possession of the properties, stating that they have suffered significant damage during this time. He alleged that valuable items have been stolen from these properties. For instance, Khetri House in Jaipur, which used to operate as a 3-star hotel, is currently in a dilapidated condition with stolen chests, furniture, paintings, rugs, and carpets.

 

Nunnem Gangte

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