What Is An Enemy Property? Actor Saif Ali Khan And Enemy Property

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What Is An Enemy Property? Actor Saif Ali Khan And Enemy Property
What Is An Enemy Property? Actor Saif Ali Khan And Enemy Property

What Is An Enemy Property? Actor Saif Ali Khan And Enemy Property 

 

The term ‘enemy property’ refers to the property or properties of individuals who left India during a conflict and migrated to countries considered enemies of India.

Who owns and manages the properties of people who’ve left behind their properties in India and migrated to enemy countries like China and Pakistan?

Properties that are left behind in India by individuals who migrated to enemy countries like China and Pakistan are managed for the time being by a Department of the Indian government which is referred to as the Custodian of Enemy Property for India that holds the authority to appropriate property in India owned by Pakistani nationals.

Enemy properties in India are governed by the enemy property act that was enacted in the year 1968 provided for the continuous vesting of the enemy property in the Custodian of Enemy Property for India.

 

How Is Any Country Around The World Deemed As An ‘Enemy’ To India?

The Enemy Property Act of India refers a country as an ‘enemy to India’ that committed an act of aggression against India or Indian citizens causing harm.

 

Actor Saif Ali Khan and Enemy Property- 

Actor Saif Ali Khan recently has been directed by the Madhya Pradesh High Court to appeal against an order of the central government declaring the historical properties of his family in Bhopal as “enemy property “.

His family properties are valued at an estimate of 15,000 crore that includes the Flag Staff House and a palace called Noor-Us-Sabah Palace that are the main properties that holds the centre of this dispute.

 

A Short Background Of The Case-

The properties in question came under a legal battle after the Custodian Of Enemy Property Department in India declared properties belonging to the Pataudi family specifically linked to actor Saif Ali Khan, the grandson of Nawab Iftikhar Ali Khan Pataudi to declare these properties as enemy properties in India due to Saif Ali Khan’s aunt named Abida Sultan, migrating to Pakistan in 1950.

This declaration was made under the premise establishing that Saif Ali Khan’s aunt Abida Sultan’s migration to Pakistan constituted a loss of ownership rights for her descendants.

 

Property Inheritance Legality In India For Enemy Property-

Any property in India that comes under the category of enemy property cannot be inherited or transferred.

As per the Indian law, all such properties and assets remain under the control of the Custodian regardless of the owner’s migration status or death.

 

A Case That Reached The Supreme Court Regarding Enemy Property- 

Judicial decisions concerning enemy properties in India have also proved to be contradictory to the above mentioned law regarding the enemy properties.

A notable case involved the Raja of Mahmudabad whose properties were declared enemy assets in India after his migration to Pakistan. Despite the migration, the Supreme Court of India allowed his son to inherit the properties and ruled in his favour.

 

Who Disposes Of The Enemy Property in India?

The Custodian is responsible for evaluating the value of enemy properties in India and recommending any actions against these properties.

Vacant properties can be auctioned while properties occupied already can be sold to the current occupants.

 

Where Does The Money From Enemy Properties Go In India?

Profits earned from the enemy property are submitted in the Consolidated Fund Of India.

 

What is the current status of enemy properties in India?

Recently, in 2018, the government of India initiated procedures to dispose of properties linked to Chinese and Pakistani nationals valued at around ₹1 lakh crore.

The process for managing enemy properties in India is outlined under the Guidelines for the Disposal of Enemy Property, 2018.

 

 

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