A Perspective on the Will of Maharaja Harinder Singh Brar of Faridkot

By Amarjit Singh Dhillon (Dr.)

Maharaja Harinder Singh Brar,born in 1915, crowned at the age of three in 1918, and was the last ruler of the Faridkot State.The Council of

Administration managed the kingdom for over 15 years. He was invested with power on October 17, 1934 He was married to Narinder Kaur,

daughter of the Late Sardar Bahadur Sardar Bhagwant Singh of Bhareli on 12th February, 1933. The royal couple had three daughters, Amrit Kaur, Deepinder Kaur and Maheepinder Kaur and one son, Tikka Harmohinder Singh.

After the sad demise of Maharaj Harinder Singh Brar on 16.10.1989 in Batra Hospital, his body was brought to Faridkot on 17.10.1989 and he was cremated with royal family traditions in Shahi Samadhan. On 20-10.`989 Board of Trustees and Executors assembled in Moti Mahal Qila Mubarik and S. Umrao Singh Dhaliwal read over the contents of the Will in presence of Board of Trustees and Executors. All of them accepted the offices with which they were invested under the Will and passed Resolution No.1 dated 20.10.1989. On 26.10.1989, last rites of Maharaj Harinder Singh were performed in Qila Mubarik, Faridkot. S. Karnail Singh Doad, the prominent public personality of the area, proclaimed in the huge gathering that late Maharaj Harinder Singh had executed Registered Will dated 1.6,1982 bequeathing his entire estate to a Trust for public

benefit, and everybody present there appreciated the intentions of the Maharaja behind the Will. (There are two other Documents in record, including one Will of 1952): 1. Will of 1952

(The Maharaja had executed another registered will on May 22, 1952, regarding certain specific properties. Raj Kumari Amrit Kaur had
been specifically excluded in this Will. The exact wording is:

I..hereby revoke the Will made by me on 11 March 1950.. This new Will has been necessitated by the fact that I do not now want to leave any property, by Will in favour of my daughter, Rajkumari Amrit Kaur Sahiba. I have considered the future of all my relations and taking all the circumstances into consideration have made this my last Will in favour of my two daughters Rajkumari Dip Inder Kaur Sahiba and Rajkumari Maheep Inder Kaur Sahiba only in equal Share. The Court has declared it as a valid Will, This Will is undisputed till date.) 2.
Settlement Deed April 1, 1955

( 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 sons death, the income would go to his living daughters, Amrit Kaur and Deepinder Kaur. The Court has not given any comment on it.)

The Will of 1982 This Will is a meticulously prepared document having provisions to meet any eventuality in the future. The Will established two boards, namely The Board of Trustees and The Board of Executors. The Board of Trustees comprising the following persons: 1. Badhurani Deepinder Kaur Sahiba of Burdwan (West Bwngal)..Chairman 2. Rajkumari Maheepinder Kaur Sahiba, my third daughterVice-Chairman 3. Serving Members of my Personal Estate, known as His Highness Personal Estates, Faridkot, at the time of my demise. 4. One Member of Mehmuana Family by rotation of five years in order of seniority by each branch namely the decendents of Sardar Bahadur Sardar Kartar Singh, Sardar Gurdial Singh, and Sardar Raghbir Singh. The first incumbent would be Major Gurdeep Inder Singh son of Sardar Bahadur Sardar Kartar Singh, followed by Sardar Rajinder Singh son of Sarsar Gurdial Singh, thereafter Sardar Bhupinder Singh son of Sardar Raghbir Singh and then by Sardar Bir Devinder Singh son of Sardar Rajinder Singh. ----Then complete functioning of the Board has been described including Removal of Member and Requisition of Meeting etc. ----Then the purposes/functions of the Board of Trustees nave been given. The Board of Executors: 1. Legal and Income Tax Advisor, His Highness Personal Estates, Faridkot. 2. Additional Legal and Income Tax Advisor, His Highness Personal Estates, Faridkot.

3. Accounts and Treasury Officer, His Highness Personal Estates, Faridkot. 4. Miss Shanta Sharma, Receptionist, Faridkot Gun House, 105, Yashwant Place, New Delhi. 5. Sardar Gurdev Singh, Attorney, Raja Bhagwan Singh Hotel (P) Ltd. Manimajra. Special Provisions for Maheepinder Kaur and Rani Narinder Kaur: My younger daughter Rajkumari Maheepinder Kaur Sahiba shall be provided suitable residential accommodation for her life time and she will have to choose for her residence Flat No. 32, Rieviera building, The Mall, Delhi or Flat No. 13 in the Nandana Building, Hydrabad, or have built 4 bedroom, a new small house to be built on the site of Edelweies Mashobra. My wife Her Highness Rani Narinder Kaur Sahiba shall be pre-paid as heretofore her allowance of Rs. 36000 (Rupees Thirty Six Thousand) annually payable in two equal prepaid installments in the month of April and October every year during her life time through out. She shall have exclusive and undisputed possession of Faridkot House, No. 1, Naya Marg, Chanakyapuri, New Delhi, for her personal residwntial use during her life. ---Not only this, the Maharaja in his Will have also for any eventuality of having a son or daughter by Surrogate marriage of Contractual companionship duly notified under a registered deed ----He has also made a provision for a nominal Honorarium/Salary for Office holders

and members of Board of Trustees and Board of Executors the amount was intentionally kept small so that persons may not take these positions as Office of Profit. ----The Last Para of the Will is very pertinent:My all other natural heir or heirs or those having any claim of being my heir orheirs in any manner shall stand excluded for my succession to my Estate and property of any description situate anywhere, and my Estate and property shall be inherited only in the manner as devised and bequeathed above. 1. Now how can you imagine that a Will of this type was made by a person who was alleged to be under state of depression? 2. How can you over rule this meticulous document by merely one typographical error that too not in the Original Will but only in its Copy? The Intentions behind the Will of 1982: Intention of the Testater behind creation of the Trust was not only to keep the Heritage of Faridkot intact but also to preserve it for the posterityso that it may not be divided by the greedy people and may not be squandered away. The Maharaja might be affectionate towards his eldest daughter (the Petitioner) but he could not trust her husband (who remained in his service) who had lured away his then teenager daughter from him-a total breach of trust). He excluded the Petitioner from the Trust as he was afraid of her husband who might use her as a shield for his greed being an unscrupulous police officer. Wisdom, thoughtfulness and balance of mind of the Maharaja can be seen while naming the Trust as Maharawal Khewaji Trust. It was he alone who could name it after the Founder of his Clan in this

region. The Petitioner did not know it at all as seen from her statement. The Royal Estate in the Will The Royal Estate includes heritage properties and prime land in four states (Punjab, Himachal Pradesh, Delhi and Haryana) and the union territory of Chandigarh.

Here are details of the major movable and immovable properties:1.

The forest area is spread in Bir Chahal, Bir Ghugiana and Bir Sikhawala villages and it once even used to host several species of birds. That Maharaja Harinder Singh and his forefathers were fond of plantation could be gauged from the fact that the names of all these villages begin with Bir, a tree variety. Several varieties of trees used to be found in the area earlier. But over time, the jungles were cleared

by the forest mafia. The high-selling varieties have now been replaced by low-grade firewood or wild grass. 2.

Raj Mahal. (Palace) Faridkot: Spread over 14 acres, it was constructed in 1885 as the royal residence. Now, a 150-bed charitable hospital stands on a portion of palace grounds.

3.

The New Building of Balbir Hospital

4.

Qila Mubarak, Faridkot: Built by Raja Mokulsi and

reconstructed by Raja Hamir Singh around 1775, it is spread over 10 acres. The present main building was built around 1890. 5.

Faridkot House I, New Delhi: Located on a huge piece of prime land on Copernicus Marg, it is currently leased to Central government at a monthly rent of Rs. 17.50 lakh. Valued at Rs. 1200 crore nine years ago. Also, there is one more property in posh Diplomatic Enclave 6. FARIDKOT HOUSE- II: Measuring 2 acres, it's located at Diplomatic Enclave, Nyaya Marg, in Chanakyapuri, New Delhi. The value of the property is around Rs 99,93,000. 7.

Manimajra Fort, Chandigarh: Spread over spread four acres, it is at least 350-years-old. The city administration had planned to develop the fort as tourist destination. Decision deferred due to the legal battle.

8.
Land belonging of the Trust at Mashobra

Faridkot House, Mashobra (Shimla): a 260 bigha estate, it had five residences, three of which, including the Sherwood House, were destroyed in a fire. 9. LAND

His family owns a total of 12,000 acres of land out of which 10,000 acres are in and around Faridkot while 282 bighas of land are in Mashobra, near Shimla, Himachal Pradesh. The family of Maharaja Harinder Singh Brar also owns land in Kaimbwala, Bansa Tibba and Village Mauli in Haryana's Panchkula district. 10. FLATS:

NEW DELHI: The flat at No. 32, Riviera Building, The Mall, New Delhi, is valued at about Rs 9,04,595. HYDERABAD:

Flat No 13. in Nandam Building,

Hyderabad, belongs to the Faridkot royals. 11. 18 vintage cars: A 1929 model Royal Royce, 1929 model Graham, 1940 model Bentley, Jaguar, Damler, Packard among others and all of them in working condition. 12. HOTEL SITE:
CHANDIGARH:

Plot no. 12, Sector 17, Chandigarh, marked for a hotel, is valued at nearly Rs 1,08,36,266. 13. OKHLA INDUSTRIAL PLOT: The plot located in the Okhla area in New Delhi is valued at approximately Rs 16,62,585. 14, STABLES: Located in Faridkot, they are valued at around Rs 30,00,000. 15. Aerodrome, Faridkot: Used by the civil administration and army, it is spread over 200 acres. 16. Gold and jewels: Valued at Rs. 1000 crore, these are in Standard Chartered Bank custody in Mumbai. II.

Petitions filed against the Will & for the Properties:

a Battle Personal V/S Impersonal

Actually two Petitions were filed against the Will. One was filed on 4.4.1992 by Kanwar Manjit Inder Singh, younger brother of the Maharaja, and the other on 15.9.1992 by Amrit Kaur, the eldest daughter of the Maharaja. One was filed based on the Law of Primogeniture demanding ownership of the entire Royal Estate, whereas the other was filed firstly for the entire Royal Estate later on the basis of Hindu

Succession Act demanding 1/3 share changed to after the demise of Maheepinder Kaur in 2001. Chronologically 1st Petition was filed by Kanwar Manjit Inder Singh (died in 1996), through the legal heirs & representatives, namely Bharat Inder Singh (his son) and Dev Inder Kaur (his daughter, died on 6.1.2009) on 4.4.1992: It was against 1. Deepinder Kaur, 2.Maheepinder Kaur (died in July 2001), 3.Umrao Singh, 4.Ranjit Singh, 5.Lal Singh, 6.S.K Kataria, 7.Maj. Gurddep Inder Singh, 8.Harbans Singh, 9.Gurdev Singh, 10. Jagir Singh, 11. M/S ANZ Grindley Bank, Head Office, Bombay, 12. Mukhtiar Singh Sandhu, 13. Meharawal Khewaji Trust, Faridkot, and 14. Amrit Kaur (added vide order dated 26.7.1994) It was argued that that the Plaintiff has right to succeed the property of his brother by virtue of Rule of Primogeniture as Custom of Primogeniture is prevailing in the Faridkot Royal Family and according to the Rule of Primogeniture, females do not inherit the property. Evidence of Plaintiff was closed on 5.10.2012. ORDER dated 25.7.2013 (along with the other Petition): Suit being maintained by Plaintiff Kanwar Manjit Inder Singh through his legal heir is hereby dismissed with no order as to costs. (Page 129 of the Judgement). II. The Other (Main) Petition:

Amrit Kaur (the Plaintiff), the eldest daughter of Maharaja Harinder Singh, who now settled in Chandigarh (258, Sector 11), filed a Civil Suit on 15.19.1992, in the local district court, Chandigarh, challenging the will. It was filed against 1. Maharani Deepinder Kaur (14/3, Burdwan Road, Alipur, Kolkatta); 2. Rajkumar Chand Mehtab (14/3, Burdwan Road, Alipur, Kolkatta); 3. Maharawal Khewaji Trust through its Board of Trutees: i. Maharani Deepinder Kaur, ii. Rajkumar Jai Chand Mehtab, iii. Lalit Mohan Gupta, iv. Ranjit Singh;v. S.K.Kataria, vi. Maj. Gurdeep Inder Singh; vii.Gurdev Singh, Fort Mani Majra; viii. Dr. P.S. Sandhu. 4. M/S Grindley Bank; 5. Kanwar Manjit Singh (now dead), i. Bharat Inder Singh, ii. Raj Kumari Dev Inder Kaur The contention of Amrit Kaur (Plaintiff) was that her father could not have legally bequeathed his entire estate to the trust because it was ancestral property governed by the law applying to the Hindu joint family. She also questioned the authenticity of the will with the following arguments: Maharaja was not in a fit state of mind and the alleged will was created under influence and pressure Exclusion of his wife, Narinder Kaur and mother, Mohinder Kaur Appointment of all the employees, irrespective of their class and designation, as trustees Will is invalid, as one of the attesting witness, namely, Brijinder Singh Brar, is a beneficiary himself. The evidence of Amrit Kaur was closed on 21.7.2012. Order dated 25.7.2013:

Suit of the Plaintiff Rajkumari Amrit Kaur is hereby partly dismissed and partly decreed with costs and the Will dated 1.6.1982 is hereby declared null and void, not bindibg upon thr rights of Plaintiff Amrit Kaur. Thr Plaintlff Amrit Kaur is entitled to joint possession to the extent of (half) share with Defendant no.1 Maharani Deepinder Kaurexcept thr properties which have been acquired by any Sate Governments. Trust which was constituted on the basis of the alleged Will is hereby declared as non-existent (Page 128 of the Judgement) ..The Defendants are also restrained from alienating, mortgaging, transferring, leasing, encumgering or exchanging the Suit property (Page 132 of the Judgement).

There are some pertinent questions:1. Can somebody be presumed in a state of depression simply on somebody describes it so without any doctors report giving treatment? 2. Can a typographical error over rule a wellintentioned Will? 3. Is it not a prerogative of a Testator to include or exclude anybody in the Will? 4. Is calling a Sub-Registrar at residence not allowed? 5. Was the Will manufactured in favour of somebody?

I.

Motivated Publicity of the Court Judgement

Actually the case about the properties of Maharaja of Faridkot State was between the eldest daughter of Maharaja (Amrit Kaur the Plaintiff) and the other daughter (Deepinder Kaur as Defendant). One daughter (the Plaintiff) was for having the

entire property then for a share in properties of the ex-ruler and the other daughter (the Defendant) was for keeping the properties intact to preserve as heritage for the future generations as per the Will of her father. The Judgement was in favour of the Plaintiff (seeking division of the properties) and against the Defendant (seeking the properties as per the Will) But it was reported in the media with a major slant that the two daughters got the Royal Bonanza of Rs. 20,000 crores after 21 years and the like. It is highly motivated. The impression was given out as if both sisters were interested to have the share in the property. It is important to investigate as to who prepared the Press Release, if any, and also the real forces behind this type of one-sided publicity. It is learnt from reliable sources of the region that there is a strong Land Mafia around seeking to purchase (grab) the prime land involved in the whole case. It is after it for long time and some are being used just as pawns. Another fact about this case may be noted. When fee was to be deposited as per law while case was filed in 1992, the total value of all the properties was given by Amrit Kaur only 15.79 crores & court fee paid was only 15.43 lakh (See the attachment Page 126 & 127 of the Judgement). Now in the Media there is a talk of Rs. 20/25000 crores. It seems to be a fit case to Appeal. As far as I know The Will was not forged as held by the Court. The Maharaja was alive for seven years after the Will. Had it been so he would have revised it.

The will was real and it was not forged. The Trust, after going through the order in detail, could challenge it in an Upper Court, Ranjit Singh, a lawyer for the Trust, was quoted as telling The Times of India newspaper, as reported in the media on 29.7.2013 As reported in Economics Times on 2.8.2013, Amrit Kaur says that her younger sister, Deepinder Kaur, became a pawn in a larger game by her father's "servants", who conspired to usurp his property. Does she have hard feelings against her sister."Now I'm starting to have hard feelings," she said. Outside interests?: Amrit Kaur, the Petitioner against the Will, had entered into an agreement in 1996 with a third party, transferring to them 80% of the costs and benefits of the case for a consideration of Rs65 lakh. As per the agreement, technically called an "assignment deed", a copy of which ET has seen even though this newspaper could not establish its authenticity, a group of nine men from Ambala, represented by one Satpal Grover, had paid Rs65 lakh through two demand drafts to Kaur. When she was asked about this agreement in court by the defence lawyer, she said she had indeed entered into such an agreement, but the agreement did not stand. She said she had spent the money to pay lawyers in the case. "It appears from this agreement she entered into in 1996 that there are other people who are interested in this litigation," Wahniwal said. The agreement, however, was not a factor in the adjudication and it does not figure in the judgment. Amrit Kaur's daughter Gurveen H Singh there are no other claimants to the inheritance and there is no

agreement that is standing. "My mother has done nothing that is incorrect, unethical or illegal," she said. Economic Times 2.8.2013. "Deepinder Kaur wants the status of the Trust restored at any cost. She has said that she is committed to continue with the responsibility which her father had given to her," as reported by The Daily Mail on 13.8.2013. It was a clear indication that Appeal will be filed against the order of the Lower Court dated 25.7.2013

IV.

Period of confusion after Lower Courts Order

There were allegations and counter allegations, claims and counter claims;i.) Giving a twist to the ongoing dispute pertaining to the inheritance and a fortnight after the Court judgment, Amrit Kaur accused the Trust of having withdrawn about Rs. 2.6 crore from various banks in which the earnings of the estate are deposited. Advocate Balbir Singh Sewak, who had issued the statement on Amrit Kaur's behalf, alleged, "by the order of the Court, the Trust had become nonexistent so it did not have the authority to withdraw the money. There are accounts in the name of the Trust in more than a dozen banks at various places throughout India and the bank statements show that after the judgment of July 25, an amount of Rs. 2.6 crore has been illegally withdrawn by the lawyers and others from the accounts of five banks situated in Faridkot."

Giving details, he said, "the amount withdrawn could be much more, if information from other bank accounts could be available. The amount withdrawn from the Oriental Bank of Commerce is Rs. 1.36 crore, Bank of India Rs. 85 lakh, Canara Bank Rs. 34 lakh, Punjab and Sind Bank Rs. 3.75 lakh, and the amount withdrawn from the State Bank of Patiala is Rs. 1.97 lakh." Sewak said, "We will also make a plea before the court objecting to the granting of stay on the Order of the CJM Court once the appeal is filed." On this Ranjit Singh, lawyer of the Trust, said,"we are filing an appeal against the order of the court. The appeal that was to be filed on Tuesday would now be filed on Wednesday."(Actually filed on Friday, 16.8.2013). About the allegations, he said, "The court had dismissed the plea of Amrit Kaur regarding rendition of the bank accounts, thus she has no right to make claims on the earnings of the trust."
Balbir Singh also alleged the Trustees and other employees had been illegally selling properties of the late Maharajas estate earlier also even as per the clauses of the alleged Will, which was later declared forged, the so-called Trustees could not sell the properties they were required to maintain. The Trustees have already sold four aircraft, besides several properties in Hisar, including 54 acres of agriculture land for Rs 23,000 per acre, an airstrip measuring 110 kanal for Rs 25,000 per acre, Dhanna Kothi measuring 80 kanal for Rs 40,000 per acre, and trees in forest spread on 1,500 acres in Bir Chahal, Bir Ghungiana and Bir Shekhawala in Faridkot, he claimed.

Amrit Kaur's earlier allegations

Amrit Kaur has already accused the trust of illegally selling four aircraft for Rs. 1 lakh, 54 acres of agricultural land in Hisar district for Rs. 23,000 per acre, an airstrip at Hisar measuring 110 kanals for Rs. 25,000 per acre, Dhanna Kothi on 80 kanals at Hisar for Rs. 40,000 per acre and precious trees in the forest spread over 1,500 acres at Bir Chahal, Bir Ghungiana and Bir Shekhawala in Faridkot. ii.)

Trust postpones its meeting

The Meharwal Khewaji Trust has postponed a meeting of the board of trustees as legal opinion is being sought in the case relating to the late Faridkot Maharaja's assets, which are worth Rs 20,000 crore. "Legal opinion is being sought to handle the case. It was prerequisite to organise the meeting, which has been postponed till legal advisors find out ways and means to challenge the (court) decision. The meeting date will be finalised soon," a trust source revealed. The meeting was originally scheduled for Wednesday (14.8.2013) at Faridkot. iii.) Raja of Faridkot's nephew stakes claim to property
A week after a local court pronounced the verdict in a 20-year-old case relating to property dispute in favour of the two daughters of Faridkot Maharaja Harinder Singh Brar, the latters nephew has decided to challenge the court order.

Kanwar Bharatinder Singh, nephew of Harinder Singh Brar, had decided to challenge the recent court order, Bharatinders son Amarinder Singh Brar told mediapersons today. Kanwar Bharatinder Singh, son of the Maharaja's younger brother, late Kanwar Manjitinder Singh, has staked claim to the property citing the "Rule of Primogeniture", according to which property rights are granted to first born son or eldest living male blood relative, but the court overlooked these facts while pronouncing the verdict, he said. Amarinder said Bharatinder was undergoing treatment at a private hospital in Mohali after his knee transplant surgery. "Kanwar Bharatinder Singh will soon file an appeal in exercise of his rights under the Civil Procedure Code," he said. Amarinder said that the Maharaja had executed another registered will dated May 22, 1952, regarding certain specific properties. This will is undisputed till date and should "automatically" apply after the 1982 will was declared as forged and illegal by court, said Amarinder Singh. He said that Raj Kumari Amrit Kaur had been specifically excluded in this will wherein the Maharaja wrote: This will has been necessitated by the fact that I do not want to leave any property by will in favour of my daughter, Rajkumari Amrit Kaur.

He said Bharatinder will invoke the 'Rule of Primogeniture', "preserved by the Article Covenant

signed between the Government of India and the Ruler of Faridkot State when the State ceded its territory to India, on May 5, 1948," to challenge granting inheritance to the late ruler's two daughters. Amarinder said Section 5 (2) of the Hindu Succession Act, 1956 exempts the application of the Act to the properties of the erstwhile rulers. The Chandigarh district court had on July 25 declared the will, which had entitled Maharawal Khewaji Trust, managing properties of the erstwhile maharaja as caretaker, as illegal and void and granted inheritance to Brar's two daughters-Amrit and Deepinder.

iii.) Some Mehmuana Family members gave variable statements Some Mehmuana family members, as reported in the media (published on Sunday, 11 August 2013), have also decided to move court for a share in the royal property. There are four members of Mehmuana family who, were inducted as a trustee in the on a rotation basis. The heads of these four families were trustees of the disputed Trust formed for taking care of property of the last ruler of Faridkot. Each of them was to be a trustee for five years rotationwise. These four families trace their lineage to Kanwar Mehtab Singh, who was grand-cousin of Raja Pahar Singh. Major Gurdeep Inder Singh Brar (fifth step successor of Kanwar Mehtab Singh) is a trustee of the disputed Trust these days a.) The present trustee, Gurdip Inder Singh Brar, claims to possess a will which says they also have a right in the property.

b) Rajinders son Bir Davinder Singh (sitting center in the photo above) will be trustee for next five years from next year. He said the other day that "We don't want any property or money. We want to prove in the court that the will which Maharaja Harinder Singh had left was genuine and he had prepared and signed the same in good health and state of mind. We have videos and documents to prove it," Both persons agree and said that; It is a baseless fact that Raja Harinder Singh was not in his senses after the death of his only son. We have documents to prove that His Highness was in full senses and his daughter proved it otherwise for narrow interests. They also said that "We want to prove that the Maharaja was not depressed and was living a normal life before he died. He signed the will when he was in good mental and physical health. He has written letters to us, he used to attend all family events. We have sufficient evidence to prove our claim". iv.) Faridkot House property supervisor attacked, injured (August 15, 2013) On the evening of Independence Day, unknown persons, under the cover of darkness, brutally beat up Gurdyal Singh, a supervisor at Faridkot House estate at Mashobra. The property is part of the

multi-billion rupee property suit that a Chandigarh court recently decided in favour of the daughters of late Maharaja of Faridkot by annulling a will that was held to be a forged one by the trial court. Sub-inspector of Mashobra police station Ajit Singh told Hill Post that they got a call from Gurdyal Singh today i.e. 16.8.2013 morning about some people having beaten him, yesterday evening at around 10 p.m. On visiting the site, the police team found Gurdyal lying in a dark room with his right leg and arm badly injured.On contacting the hospital authorities, a medical officer said that there was suspicion of fractures to the leg and the hand.The investigating police officer said that on suspicion, one person had been summoned for questioning. Gurdyal Singh, the supervisor attacked last night is part of the Maharaja Khewa Ji Trust, police said. A case has been registered and we are investigating the matter, said the police officer. V. Trust files Appeal against court orders

Deepinder Kaur, Chair-person, Maharawal Khewahi Trust overseeing the affairs of properties on Friday, 17.8.2013, filed an Appeal in the District Courts at Chandigarh on 17.8.2013, against the Lower Court Order of giving control of properties to the late rulers two daughters. The Mehrawal Khewaji Trust on Friday challenged the order of the Court of Chief Judicial Magistrate pronounced on July 25. The Trust Counsel Ranjit Singh said, "The appeal has been filed against the lower court order in the district courts, as the order was wrong". "The Will is genuine and Raja Harinder Singh executed it voluntarily. It is not forged or fabricated," said

Ranjit Singh. "The will is a holograph drafted by the Maharaja himself, which cannot be ignored. There is nothing unnatural in it. Besides, it is a registered document, which itself gives it authenticity," he added, while talking about the grounds of appeal. The Maharaja was not depressed when he signed the will; rather he was in good mental and physical health and attending all family events, the Trust's legal adviser has said. "The Maharaja disinherited Amrit Kaur because she had married his employee. She was disinherited in 1952, and so has no right to father's property," said Ranjit Singh. It was an Original Will prepared by the Maharaja in 1952. In the said will, the Maharaja had debarred Amrit Kaur from all the properties. "This Will has been necessitated by the fact that I do not want to leave any property in favour of my daughter Rajkumari Amrit Kaur Sahiba", reads the Will. Deepinder Kaur, along with the Trust in a joint petition, said that her elder sister, Amrit Kaur, relied on the 1982 Will. Deepinder Kaur contended that the Trial Court on illegal grounds has set aside the Will. Senior lawyer Chetan Mittal appearing on behalf of Deepinder Kaur argued that the judgment (July 25) and decree cannot sustain on account of the admitted Will. The Trust and Deepinder Kaur challenged the findings of the Trial Court by alleging that the Trial Court has misread the evidence and various documents on record.

Court issues notice to Amrit Kaur

The District Court on Monday (19.8.2013) issued notices to Amrit Kaur, the eldest daughter of Late Maharaja Harinder Singh Brar based on a petition filed by the younger daughter Deepinder Kaur. Also, the Court of Additional District and Sessions Judge R K Yadav summoned the record of the Trial Court which had declared the Will of Maharaja Brar as forged. The Court, after hearing arguments of both parties, listed the case for further arguments. The case will come up for resumed hearing on August 22.

VI.

Court grants stay

District Court Chandigarh has stayed 25 July Order of a lower court in a dispute between two sisters of Faridkot Royalty. The stay order came on Thursday on an appeal filed by Deepinder Kaur, chairperson of the Maharwal Khewaji Trust. The Trust that runs a Charitable Hospital had to pay the salaries of the staff along with buying medicines. Besides, the Trust had maintained that it was contesting nearly 60 legal cases and was required to pay the fees of lawyers and needed money to maintain the property. The Trust had informed the Court that its monthly expenditure is around Rs. 40 lakh. There is no anomaly in the working of the Trust. We are ready to furnish all evidences in support of it," said Chetan Mittal, Trust's lawyer. (The Trust's annual income is around Rs 6 crore, out of which Rs 4 crore is spent on various activities as reported in the media ). Additional District Judge Rakesh Kumar Yadav stayed the orders till the next hearing of the case on September 27. Besides, the Court

also allowed the Trustees to utilise Rs 50 lakh for running the Trust and meeting expenses on various works till the next hearing. The Court also directed the Trustees to submit details of the entire expenditure to the Court. Counsels for both, the trust as well as Amrit Kaur, the late Maharaja's eldest daughter, had agreed to the suggestion put forth by the court to hear the case continuously from September 27.

Another Appeal Filed

As expected, another appeal has been filed on 27.9.2013 by the nephew of the Maharaja of Faridkot, Bharat Inder Singh. Amaninder Singh Brar, grandson of Kanwar Manjitinder Singh, younger brother of the Maharaja. He filed the appeal on Tuesday on behalf of his father.This has made the case complicated as well as interesting. This is not in favour of the Will but for grabbing the ownership of the entire Royal Estate. It is based on "the Law of Primogeniture wherein females do not inherit the property " and against "the Hindu Succession Act". His earlier Petition dated 4.4.1992 was dismissed by the Trial Court on July 25 when the Will was declared "forged and fabricated". The Trial Court had dismissed the petition of Amaninder's family while passing the order on the will. Dismissing the claim, the court had observed, "The properties of Raja Harinder Singh were his self-acquired. Therefore, the rule of primogeniture is not applicable and Kanwar Manjitinder Singh had no right to seek any claim over the properties."

He said that Amrit Kaur has been specifically excluded in the 1952 Will wherein his Highness (the Maharaja) wrote, "This will has been necessitated by the fact that I do not want to leave any property by will in favour of my daughter, Rajkumari Amrit Kaur". He invoked the Rule of Primogeniture, "preserved by the Article Covenant signed between the Government of India and the Ruler of Faridkot State when the State ceded it's territory to India, on May 5, 1948," to challenge granting inheritance to the late ruler's two daughters. "As per the law of primogeniture, applicable to princely families, the eldest surviving male inherits the property. My grandfather was the eldest surviving male member when Sir Harinder Singh died in 1989, thus, my grandfather Kanwar Manjitinder Singh who passed away in 1999 was to inherit the property," said Amaninder. He said, "With the court declaring the will as forged, as per the law, we are entitled to inherit the assets and property. After death of my grandfather, my father, Bharatinder Singh Brar, is representing him." He also said Section 5 (2) of the Hindu Succession Act, 1956 exempts the application of the Act to the properties of the erstwhile rulers. "Hindu Succession Act 1956 5. The Act not to apply to certain properties The Act shall not apply to
(i) any property succession to which is regulated by the Indian Succession Act, 1925, by reason of the provisions contained in section 21 of the Special Marriage Act, 1954;

(ii) any estate which descends to a single heir by the terms of any covenant or agreement entered into by the Ruler of any Indian State with the Government of India or by the terms of any enactment passed before the commencement of this Act; (iii) the Valiamma Thampuran Kovilagam Estate and the Palace Fund administered by the Palace Administration Board by reason of the powers conferred by Proclamation (IX of 1124) dated 29th

June, 1949, promulgated by the Maharaja of Cochin. The appeal is to come up for hearing on August 30 before the court of additional district and sessions judge RK Yadav. The trust has already filed an appeal challenging the order declaring the will as forged.

The court on Thursday issued notices to respondents - Maharawal Khewaji Trust and Amrit Kaur. The next date of hearing is September 27.

So my earlier comment stands wherein I said that "Royal Estate is being as a Royal Booty" and the greedy persons want their share.

Tale Piece:New claimants are coming out to have their share as if it is "a booty coming out in loot" (I may be excused for the use of this word). My humble appeal to all involved is that "Royal Estate should not be treated as Royal Booty". That is why I call it a Battle Personal V/S Impersonal. Has anybody, except the Trust, ever thought of preserving the Heritage of Faridkot?

However safeguards may be framed to streamline the functioning of the Trust by a Judicial Body.