- By Nidhi Giri
- Thu, 23 Jan 2025 12:18 PM (IST)
- Source:JND
Saif Ali Khan Property Case: Bollywood actor Saif Ali Khan and his family is embroiled in a legal battle and may lose control over their ancestral properties in Bhopal, valued at Rs 15,000 crore. The Madhya Pradesh High Court, in a significant ruling, lifted the stay imposed on these properties in 2015, potentially paving the way for their acquisition under the Enemy Property Act, 1968 by the central government. It remains unclear as to whether Saif Ali Khan has filed an appeal before the Mumbai-based Office of the Custodian of Enemy Property, news agency PTI reported.
Properties Under Dispute
The properties under scrutiny include several prominent landmarks such as the Flag Staff House, where Saif Ali Khan spent much of his childhood, Noor-Us-Sabah Palace, Dar-Us-Salam, Bungalow of Habibi, Ahmedabad Palace, and the Kohefiza Property.
The Enemy Property Act gives the central government the right to take control of properties owned by individuals who relocated to Pakistan after Partition. In this case, the focus is on the migration of Abida Sultan, the eldest daughter of Hamidullah Khan, the final Nawab of Bhopal, who moved to Pakistan in 1950. While Sajida Sultan, the second daughter of Hamidullah Khan, remained in India and became the legal heir, the government contends that Abida Sultan’s migration qualifies the properties as "enemy property." As a result, Saif Ali Khan, the grandson of Sajida Sultan, inherited a share of these assets. While the court acknowledged Sajida Sultan as the legal heir in 2019, the recent ruling has reignited the family's long-standing property dispute.
What Is Enemy Property?
The Enemy Property Act, 1968, is an "act to provide for the continued vesting of enemy property vested in the Custodian of Enemy Property for India under the Defence of India Rules, 1962, (and the Defence of India Rules, 1971), and for matters connected therewith".
The act defines enemy property as "property for the time being belonging to or held or managed on behalf of an enemy, an enemy subject or an enemy firm".
The term basically refers to assets that have been left behind in India by individuals who have moved to countries that are designated 'enemy nations'.
For such properties, the central government, by notification, appoints a Custodian of Enemy Property for India and one or more Deputy Custodians and Assistant Custodians of Enemy Property for such local areas as specified.
The Custodian of Enemy Property for India is an Indian government department that is "empowered to appropriate property in India owned by Pakistani nationals. After the Indo-Pakistani war of 1965, the
Enemy Property Act was promulgated in 1968", the ministry of Home Affairs states.
Inheritance Of Enemy property
According to the Enemy Property Act, 1968, properties designated as 'enemy property' are permanently vested to the Custodian of Enemy Property.
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Dealing with matters of other assets, securities, money, returns, etc., related to the said property is also defined in the framework provided by the law.
Even in cases where the enemy firm or subject ceased to be an enemy or exist in face of death or business closure, the property shall remain with the Custodian.
Notably, other than to the whole of India, the act also extends to Indian citizens outside the nation and to branches and agencies outside of the country or bodies corporate registered or incorporated in the nation.
Can Rules Of Enemy Property Act Be Changed?
The central government carries the power to make rules for executing the purposes of the Enemy Property Act, 1968.
"Every rule made by the central government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may comprised in one session. Both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in the modified form."
Enemy Property Data In India
According to the Ministry of Home Affairs, the number of immovable property of Pakistani nationals vested in the Custodian of Enemy Property for India totals to 12,983 properties (plots).The maximum number of such properties are in Uttar Pradesh (5,688) and West Bengal (4,354).