Delhi HC dismisses estate of late Maharaja’s plea to claim rent arrears for Bikaner House
The court, on February 24, held that legal heirs cannot claim ex-gratia payments as a matter of legal right.
The court also took into consideration that the Rajasthan government “holds full and absolute rights over the property in question” and noted that that the agreement on payment of one-third of the rent to the estate was on a purely on ex-gratia basis. (Express Photo) The Delhi High Court has dismissed a plea filed by the estate of Maharaja Dr Karni Singh of Bikaner, filed through the late Maharaja’s daughter, seeking arrears of rent from the Union government for the Bikaner House property in Delhi. The court, on February 24, held that legal heirs cannot claim ex-gratia payments as a matter of legal right.
Classified as state property after the integration of princely states in the union dominion, Bikaner House was taken on lease by the Union government from the Rajasthan government and Dr Karni Singh, the former ruler of Bikaner, in 1950.
It was agreed that the building would be occupied on a monthly tenancy basis, with a rent of Rs 3,742 per month, of which one-third would be allocated to the estate of the Maharaja of Bikaner and the remaining was to be paid to the Rajasthan government.
Dr Singh passed away in 1988. After the Union government was informed of his demise in 1991, the government stopped making the payments, petitioner Rajyashree Kumari Bikaner said.
Justice Sachin Datta, while dismissing the plea, held that the estate of the late Maharaja “has failed to establish any legal right over the concerned property, nor has it demonstrated any legal right in respect of any alleged arrears of rent from the Union government”.
The court also took into consideration that the Rajasthan government “holds full and absolute rights over the property in question” and noted that that the agreement on payment of one-third of the rent to the estate was on a purely on ex-gratia basis.
“It is well-established in law that ex gratia payments are discretionary and not enforceable as a matter of legal right. Such payments are made voluntarily by the paying party and cannot be claimed as an entitlement… After the death of Dr Karni Singh, his heirs cannot claim these payments as a matter of legal right,” the court reiterated in its order.
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