INTRODUCTION
Disappointment was the only emotion she got, when the Supreme Court, on 5 May 2025, dismissed her plea. Sultana Begum, who claims to be a widow of the great-grandson of last Mughal emperor, Bahadur Shah Zafar, filed a petition seeking possession of the Red Fort, Delhi as an ancestral property.
This article tends to explore the ratio behind the judgement and the prospects of the same. It will also try to study certain historical examples which resemble such types of cases.
FACTS AND ANALYSIS
The Delhi High Court has constantly rejected her plea in 2014 and 2021. The high court gave the reason that there is an “inordinate delay” of around 150 years in bringing this matter to the court. Begum elaborates on the historical aspect that the fort was taken from her family in 1857 revolt by the East India Company after Bahadur Shah Zafar II was exiled and his properties were seized. Bahadur Shah Zafar died on November 11, 1862 at the age of 82. She has claimed that the central government is not legally occupying the fort and there needs to be either revocation of current possession or some compensation in terms of money.
The Bench also questioned that “Why only Red Fort? Why not Fatehpur Sikri, Why leave them?”
The Bench, headed by CJI, Sanjeev Khanna, has also given the reason that the idea behind this petition is totally misconceived.
A RELATED CASE
Such a petition has come up before. The internationally renowned Taj Mahal has been the focus of legal arguments over who owns it. The Waqf Board has claimed ownership of the monument, arguing that it is Waqf property. Bedar petitioned the Allahabad High Court in 2004 to have the Taj Mahal taken into his custody. The Taj Mahal was registered as a Waqf property in 2005 after the Waqf Board was directed by the High Court to treat the issue seriously. After receiving an appeal from the Archaeological Survey of India (ASI), the Supreme Court finally stepped in and demanded proof that Mughal Emperor Shah Jahan himself had designated the Taj Mahal as Waqf property.
In this case, the Supreme Court launched a comprehensive investigation and sought clarification regarding the Taj Mahal’s ownership, finally overturning the Waqf Board’s ruling.
Setting a precedent, the Supreme Court’s involvement in this case highlights the necessity of unambiguous and compelling proof when asserting ownership of heritage properties, particularly those designated as protected by national law.
CONCLUSION
It can be concluded that most of the precedents depict that for claiming any heritage sites or properties as personal property needs a strong and convincing evidence of the past. It should be clear as to who is entitled to the property. Mughal heiress, Sultana Begum, was therefore denied any giving of possession of Red Fort as there is no evidence and the petition is highly misconceived. Also, this matter is brought up after more than a century, causing an inordinate delay.
Such claims are also considered meritless due to less substantial laws supporting them.
ABOUT THE AUTHOR
ABOUT THE AUTHOR
SAHIL YADAV, a law student at NLIU Bhopal, is a dedicated and passionate legal writer, who is keen to explore International law, Constitutional Law, Criminal Law, Forensic Psychology and publish research papers and articles on contemporary legal nuances and issues. He is also interested in the intersection of disciplines like history, psychology, political science, philosophy, and sociology with law.