Table of Contents
Context: The Madhya Pradesh High Court has directed Saif Ali Khan to file an appeal before the appellate authority challenging the Central Government’s order.
What is Enemy Property?
- Properties left behind by individuals or their heirs who:
- Fought wars against India, or
- Acquired citizenship of enemy nations (like Pakistan or China).
- These include both movable and immovable assets (land, buildings, shares, businesses).
- Such properties are taken over by the Indian government and classified as “enemy property.”
Background of Enemy Properties in India
- The concept originated after the:
- Indo-Pak Wars (1965 & 1971)
- Indo-China War (1962)
- Citizens who migrated to Pakistan or China left behind their properties in India.
- These were seized under the Defence of India Act, 1962 and Defence of India Rules.
- A Custodian of Enemy Property is appointed by the government to manage, control, and dispose of these assets.
Enemy Property Act, 1968
- Passed to legally vest enemy properties permanently with the Custodian of Enemy Property.
- Key provisions:
- Enemy properties cannot be transferred or inherited.
- Only the Custodian has the authority to manage, lease, or dispose of them.
Enemy Property (Amendment and Validation) Act, 2017
- Major updates:
- Inheritance rights abolished—no person (even Indian citizens) can claim enemy property.
- Legal ownership and transfer to any other party are strictly prohibited.
- Closed all loopholes for civil claims or inheritance disputes.
Process for Disposal of Enemy Property (2018 Guidelines)
The government laid out procedures for sale, valuation, and auction:
- Valuation Committees led by District Magistrates assess properties.
- If occupied, the occupant may buy the property at a set price.
- Movable assets (like shares) are sold through public auctions or tenders.
Key Statistics on Enemy Property
- 9,280 enemy properties left behind by Pakistani nationals.
- 126 enemy properties left behind by Chinese nationals.
- Over 9,400 properties under government custody.
- Estimated total value: over ₹1 lakh crore.
- Auction proceeds go to the Consolidated Fund of India.