The grandchildren also filed a review petition, challenging a 2010 decision of the HC, which allowed two separate applications for impleadment as heirs of Gayatri Devi
Striking down an earlier judgment wherein the stepsons of Rajmata Gayatri Devi were declared entitled to a share of her property, the Delhi High Court (HC) has held the Queen's two grandchildren as her legal heirs.
Justice S Ravindra Bhat referred to an earlier judgment in a different case, where it was held that step-children could not be equated to children. The death of the maharani gave rise to a tiff over the property. Jagat Singh, the son of the late queen, died after executing a will, stating that Gayatri Devi be the owner of his property.
According to an application filed by Gayatri Devi's Devraj and Lalitya, currently residing in Bangkok, she died in 2009 with a will that declared that they would inherit all her properties. The grandchildren also filed a review petition, challenging a 2010 decision of the HC, which allowed two separate applications for impleadment as heirs of Gayatri Devi.
While one plea was filed by Devraj and Lalitya, the other was moved by Gayatri Devi's stepsons Prithvi Raj Singh and Jai Singh, who were born from Maharaj Sawai Man Singh's other wife.
Her grandchildren contended that only they were entitled to get her share as they were the children of late Jagat Singh, who was her predeceased son, and the only class-I legal heirs under the Hindu Succession Act, 1956.
They had also said that Prithvi Raj Singh and Jai Singh were the children of late Sawai Man Singh through another wife and could not be treated as Gayatri Devi's heirs. Their submissions were countered by Prithvi Raj and Jai Singh, who relied upon the will of Jagat Singh, allegedly excluding his children from succession to his properties.
It was submitted that though Devraj and Lalitya might, in the normal circumstances have been the heirs of Gayatri Devi as children of Jagat Singh, they have to be excluded as her successors because they were disinherited by their father.
The court, however, set aside its October 19, 2010 order, allowed the review petition, and said: "Devraj and Lalitya Kumari are to be treated as legal representatives of late Gayatri Devi". It also relied on a Supreme Court judgment, saying the verdict was decisive on the question that stepchildren cannot be equated to children.
"... Therefore, the question of other individuals, claiming to succeed to Gayatri Devi's will, cannot arise. For the foregoing reasons, it is held that the review petition has to succeed. It is allowed. The order dated October 19, 2010, is therefore, set aside.
The present applicants — Devraj and Lalitya Kumari — are to be treated as legal representatives of late Gayatri Devi," the bench stated.
The SC, in September 2015, had upheld the verdict of the Delhi HC, allowing transfer of some shares of Gayatri Devi to Devraj and Lalitya Kumari.
REVIEW PETITION
The grandchildren also filed a review petition, challenging a 2010 decision of the HC, which allowed two separate applications for impleadment as heirs of Gayatri Devi.
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