Jodhpur: In a landmark ruling Monday, the Supreme Court ruled that Rajasthan govt’s has no locus standi to challenge the probate of the will of the late Raja Bahadur Sardar Singh, the last titular head of the former princely state Khetri in Rajputana. The will, executed in favour of the Khetri Trust on Oct 30, 1985, has been upheld, affirming the Trust’s ownership of the estate properties spread across Jaipur, Kotputli, Abu Road and Khetri, among other places. A special bench comprising Justices BV Nagarathna and Satish Chandra Sharma dismissed the Rajasthan govt’s special leave petition, which sought to claim the Trust properties by contesting the probate granted by the Delhi High Court in July 2023. The Supreme Court’s decision reinforces the validity of the probate in favour of the Khetri Trust and emphasises that the state govt has no standing to intervene in matters concerning private and personal estate of a citizen who lawfully bequeathed property through a will. The bench warned against the state’s attempt to interfere with a private will, labelling it a “dangerous proposition.” With probate already granted, the apex court declared that ownership of the estate is conclusively vested in the Khetri Trust, making it the sole rightful owner. For nearly 40 years, the state govt sought to assert ownership of the estate under the Rajasthan Escheats Act of 1956, arguing that the properties had “lapsed” to it. The apex court clarified that state ownership through escheat applies only in cases of intestacy or when there are no identifiable heirs. It rejected the Rajasthan govt’s claim to a residual interest under Article 296 of the Constitution, asserting that only those with a legitimate legal interest, such as heirs or legatees, may contest probate. Given the presence of a valid will and identified beneficiaries, the apex court ruled that the state’s claims were unfounded. Raja Bahadur Sardar Singh, the last heir of the princely state of Khetri, established the Khetri Trust to promote education. Following his death, the state govt took possession of the Trust’s assets, invoking the Law of Escheat. The estate includes 62 properties across Jaipur, Kotputli, Abu Road and Khetri, with more properties potentially to be identified by the trustees. The state govt challenged Singh’s will on various grounds, questioning its validity under section 63 of the Succession Act and raising concerns about the originality of the will and the specification of the property. The Delhi High Court, in its July 2023 order, had already established the will’s execution by Singh, setting aside the state govt’s claims and granting probate.
