In a significant development, the Delhi High Court has ruled in favour of the trust established by the former ruler of Khetri, Raja Bahadur Sardar Singh, granting it possession of all its assets. The court rejected the arguments put forth by the Rajasthan government, marking the end of a legal battle that has spanned 36 years [Ajit Singh & Ors v. State & Ors].
A division bench comprising Justices Najmi Waziri and Vikas Mahajan passed the order in an appeal against a single-judge verdict that had previously dismissed the testamentary case seeking probate of Raja Bahadur Sardar Singh's will. The High Court held that the execution of the will by Singh had been duly proven, setting aside the single judge's order and granting probate to Lord Northbrook, the sole surviving executor and trustee of the Khetri Trust.
Raja Bahadur Sardar Singh, a former ruler of Khetri and a former Rajya Sabha member, executed a will in 1985, bequeathing his entire estate, including movable and immovable assets, to the Khetri Trust. The trust was established primarily for educational, research, and scientific purposes. With no legal heirs at the time of his death in January 1987, Singh sought to ensure that his property would be used according to his wishes and not be subject to the law of escheat.
Following his death, a testamentary case seeking probate was filed by the executors in the Delhi High Court. However, the probate petition was dismissed by a single judge on the grounds that the execution of the will had not been proven. The court expressed doubts about the testimonies of the attesting witnesses and questioned whether they had signed the will in the presence of each other and Singh. The single judge's order also raised concerns about the authenticity of the will and compliance with the provisions of the Succession Act.
In the appeal before the division bench, the court found that the single judge's order went beyond the scope of assessing the execution and proof of the will. The bench highlighted the contradictory nature of the order and placed undue reliance on the testimony of one attesting witness while disregarding the unopposed testimonies of two other witnesses and the Registrar's office. The Rajasthan government argued against the probate, claiming non-compliance with the requirements of the Succession Act and the lack of a registered trust. However, the court rejected these contentions and granted probate to the Khetri Trust.
The decision has significant implications for the trust and its assets, which had been under the possession of the Rajasthan government invoking the Law of Escheat. With possession now granted to the trust, efforts will be made to assess the condition of the properties and address any damage or losses suffered during the government's possession. This includes properties in Jaipur and Khetri, such as the Khetri House, which has deteriorated over time. The managing trustee of the trust, Prithvi Singh, expressed concerns over stolen precious items and the dilapidated condition of the properties.
The ruling by the Delhi High Court brings an end to the protracted legal battle, ensuring that the intentions of Raja Bahadur Sardar Singh are upheld, and the assets of the Khetri Trust are utilized for their designated purposes.
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