Mr. Nayyar, the Brigadier has been recognized as the ruler by the Government of India. Does that recognition not imply that the rule of primogeniture applies to all properties attached to the rulership?

My Lord, recognition as a ruler under Article 366(22) of the Constitution is a political or executive act for ceremonial purposes, entitling the ruler to receive privy purse and certain privileges. It is not an indicium of ownership of property. The covenant of merger makes a clear distinction: Article XIV guarantees primogeniture only for succession to the Gaddi (throne). Article XII deals separately with private properties. The two are distinct. The Government never guaranteed primogeniture for private properties. In Talat Fatima Hasan, this Court held that Article 362 does not protect succession to personal properties. The recognition as ruler does not convert private properties into impartible estates attached to the Gaddi.

The Mussoorie Declaration uses the words 'heirs and successors'. But that could be interpreted as a reference to the rule of primogeniture as well, since the 'heir' in the singular would be the eldest son. Why do you say it contradicts primogeniture?

My Lord, the Maharaja was a sovereign ruler when he made the declaration on 11 August 1948 — before the merger took effect on 20 August 1948. As a sovereign, he had the power to issue a decree having the force of law. The use of the plural 'heirs and successors' clearly indicates his intention that the properties be succeeded by all his heirs, not by a single heir. If he intended primogeniture, he would have used the singular 'heir'. This is a contemporaneous expression of his intention. The Court must give effect to it. In any case, the covenant itself does not provide for primogeniture for private properties. The declaration cannot override the covenant, but it clarifies the Maharaja's understanding of how the properties should devolve.

Section 5(ii) of the Hindu Succession Act exempts estates which descend to a single heir under a covenant. Does that not protect the Brigadier's claim?

My Lord, Section 5(ii) exempts estates that descend to a single heir under a covenant. However, this exemption applies only if the covenant expressly provides for such single-heir succession for that specific property. Article XIV of the covenant guarantees primogeniture only for succession to the Gaddi, not for private properties. The private properties declared under Article XII are not 'estates which descend to a single heir by the terms of any covenant'. Moreover, the devolution of these properties occurred on 19 June 1949 when Maharaja Jagatjit Singh died — before the Hindu Succession Act came into force on 17 June 1956. By the time the Act came into force, the properties had already acquired the status of private property of an ordinary citizen. Therefore, Section 5(ii) does not apply.

The Brigadier admitted in paragraph 6 of his plaint in Suit No. 35 of 1977 that he is the Karta of the HUF. Does that not contradict his claim that the properties are his absolute properties under primogeniture?

My Lord, that is a crucial admission. Paragraph 6 of the plaint states: 'The Plaintiff is also Karta of the HUF of which he and his two sons Shatrujit Singh and Amanjit Singh are coparceners.' This admission is binding on the Brigadier. If he is the Karta of an HUF, then the properties of the HUF are coparcenary properties, not his absolute properties. This completely undermines his claim of absolute ownership under primogeniture. Even if the rule of primogeniture applied to the Gaddi, it does not apply to HUF properties. The admission alone is sufficient to decree partition.

For PetitionerCivil Premium

Primogeniture Only for Gaddi, Not Private Properties — (2026) INSC 571

Under the covenant of merger, the rule of primogeniture is guaranteed only for succession to the Gaddi (throne) under Article XIV, not for private properties declared under Article XII.

Tikka Shatrujit Singh v. Sukjit Singh — (2026) INSC 571

Core Argument

Under the covenant of merger, the rule of primogeniture is guaranteed only for succession to the Gaddi (throne) under Article XIV, not for private properties declared under Article XII. The private properties devolve according to personal law (Hindu Succession Act), not by primogeniture. The three-Judge Bench decisions in Talat Fatima Hasan and Maharani Deepinder Kaur are binding.

Key Precedents

Talat Fatima Hasan v. Syed Murtaza Ali Khan (2020) 15 SCC 655 — Three-Judge Bench held that succession to private properties of an erstwhile ruler is governed by personal law, not primogeniture.
Maharani Deepinder Kaur v. Rajkumari Amrit Kaur (2022) 9 SCC 658 — Three-Judge Bench upheld that rule of primogeniture applies only to Gaddi, not to private properties.
Revathinnal Balagopala Varma v. Padmanabha Dasa Bala Rama Varma 1993 Supp (1) SCC 233 — Travancore case; held that properties declared as private under covenant are personal properties, not State properties.

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