Saif Ali Khan's 'enemy property' case: What are these properties and what is the law?

Why in the NEWS?

• The Madhya Pradesh High Court has asked Saif Ali Khan to appeal to the appellate authority against the order of the Central Government.

Key Points:

• There is a legal dispute between Saif Ali Khan and the Madhya Pradesh government, in which some properties of Saif's family have been declared as enemy properties.
• Saif Ali Khan has challenged the declaration of these properties as enemy properties in the Madhya Pradesh High Court since 2015.

What will you read next in this topic?

1. Saif Ali Khan and enemy property dispute.
2. What is enemy property?
3. Incidents related to enemy property:
4. Enemy Property Act, 1968:
5. Enemy Property (Amendment and Validation) Act, 2017:
6. Process for disposal of enemy property:
7. Some important facts related to enemy property:
   

Saif Ali Khan and enemy property dispute.

• Saif's grandmother, Abida Sultan, moved to Pakistan in 1950, while his other grandmother, Sajida Sultan, stayed in India.
• Sajida Sultan married Nawab Iftikhar Ali Khan Pataudi, whose grandson Saif Ali Khan inherited properties located in Bhopal.
• These properties were declared enemy properties due to Abida Sultan moving to Pakistan.
• The disputed properties include the Flag Staff House, Noor-us-Saba Palace, Dar-us-Salam, Habibi Ka Bungalow, Ahmedabad Palace, and Kohefiza Property.
• All these properties are located in Bhopal, and are valued at around Rs 15,000 crore.

What is enemy property?

• Properties left behind by people or their heirs who fought in wars against India or who became citizens of enemy nations (e.g. Pakistan, China).
• These properties come under the control of the Indian government and are classified as "enemy property".
• Enemy property includes both movable and immovable properties, such as land, buildings, shares, and business.

Incidents related to enemy property:

• After the Indo-Pakistani Wars (1965 and 1971) and the Indo-China War (1962), the Indian government took control of the properties left behind by people who had acquired citizenship of Pakistan or China.
• These properties were classified as enemy property and were controlled by the Indian government.
• Under the Defence of India Act of 1962 and the Defence of India Rules, these properties go to the Custodian of Enemy Property appointed by the Government of India, who manages and disposes of these properties.

Enemy Property Act, 1968:

• Under the Enemy Property Act, 1968, enemy properties are permanently kept with the Enemy Property Custodian.
• As per this law, these properties cannot be inherited or transferred by any person.
• It also stated that enemy properties can be used only under the control of the custodian, and these properties cannot be managed or transferred by any other person.

Enemy Property (Amendment and Validation) Act, 2017:

• The Enemy Property Act was amended in 2017.
• Under this amendment, the rights of inheritance of enemy property were abolished.
• After this, enemy property cannot be owned by any person, nor can it be transferred to any other person, whether that person is an Indian citizen or a citizen of a non-enemy nation.
• This amendment ensured that there cannot be any kind of inheritance or legal claim in relation to enemy properties.

Process for disposal of enemy property:

• In 2018, the Indian government issued guidelines for disposal of enemy properties, clarifying the process for sale, valuation, and transfer of these properties.
• These properties are assessed by valuation committees headed by the district magistrate, and are then auctioned.
• If the property has an existing occupant, he or she can be given the property at the determined price.
• Movable assets, such as shares and investments, can be sold through public auction, tenders, or other approved methods.

Some important facts related to enemy property:

• 9,280 enemy properties were abandoned by Pakistani nationals, and 126 enemy properties were abandoned by Chinese nationals, as determined by the Indian government.
• The Indian government has overseen the disposal of over 9,400 enemy properties, with an estimated value of over Rs 1 lakh crore.
• The government had approved the auction process for disposal of enemy properties, and the proceeds after the sale of these properties are deposited in the Consolidated Fund of India.