Latest news with #CustodianofEnemyPropertyforIndia
News18
12-07-2025
- Business
- News18
Enemy Property: A Link Between Pervez Musharraf And Saif Ali Khan
Saif is not alone. Pakistan's former president and army chief Pervez Musharraf's property too was auctioned under the same Enemy Property Act. What is Enemy Property? Enemy property is property abandoned by those who emigrated from India to Pakistan or China following the Partition of India in 1947 or subsequent hostilities (particularly the 1962, 1965, and 1971 wars). The Enemy Property Act of 1968 was enacted by the Indian government, under which these properties are acquired and controlled by the Custodian of Enemy Property for India (CEPI), an organisation under the ministry of home affairs. These assets cannot be claimed, transferred, or inherited by relatives residing in India, particularly after significant legislative amendments provided in 2017, which consolidated the Act. What Changed in 2017? The Enemy Property (Amendment and Validation) Act, 2017, was a game-changer. It introduced some significant changes. All the properties of the enemy are to perpetually vest with the custodian, irrespective of any court judgments or succession acts. Any sale or transfer of enemy property, even prior to the 2017 law, is null and void. Legal heirs, even Indian nationals, cannot inherit these properties. Courts are barred from adjudicating disputes regarding such properties. Saif Ali Khan's Bhopal Properties Declared Enemy Property Saif Ali Khan is the nephew of Begum Sajida Sultan, the late Begum of Bhopal. She inherited various royal properties in Bhopal after her elder sister, Abida Sultan, emigrated to Pakistan in 1950 and became a Pakistani citizen. In 2000, a trial court had ordered that Saif, his mother Sharmila Tagore, and sisters be allowed to inherit properties such as Flagstaff House, Noor-Us-Sabah Palace (which is now a luxury hotel), Dar-Us-Salam, Habibia Bangla, Ahmedabad Palace and Kohefiza property. But in July 2025, the Madhya Pradesh High Court overruled that decision. It ruled that since Abida Sultan had emigrated to Pakistan, the whole estate was enemy property under the 1968 Act. The HC directed a new trial in the district court within one year. In the meantime, the Custodian of Enemy Property can take over the properties for administration or auction. Pervez Musharraf's Family Land Also Auctioned One of the most high-profile cases was that of Pervez Musharraf, a former President of Pakistan. His family had property in Baghpat district, Uttar Pradesh. In September 2024, a 13-bigha (approximately 2-hectare) piece of agricultural land owned by the Musharraf family was auctioned by CEPI. The sale was legally enforceable under the Enemy Property Act. It was one of the first large-scale publicised auctions of an enemy property owned by a person of Musharraf's standing. How Many Enemy Properties in India? There are more than 12,600 enemy properties in India, as per government records. There are approximately 12,485 from Pakistan and approximately 126 from China. The total value of such properties is estimated to be around Rs 1 lakh crore. These are land plots, residential houses, palaces, and business buildings. The big states with enemy properties are Uttar Pradesh, West Bengal, Delhi, Maharashtra, and Madhya Pradesh. How Many Have Been Auctioned? CEPI has sold hundreds of properties throughout India, primarily agricultural and residential real estate. Dozens of sales have taken place in Uttar Pradesh, Bengaluru, and Maharashtra. In Bengaluru alone, 24 properties were estimated to be worth over Rs 500 crore. Exact figures differ by region and year, but auctions remain a steady source of income for the government. The Mahmudabad Case: A Turning Point One of the most famous cases is that of the Raja of Mahmudabad, whose father migrated to Pakistan in 1947. The family fought a decades-long legal battle to reclaim their property in Uttar Pradesh. advetisement In 2005, the Supreme Court ruled in favour of the Raja, allowing him to reclaim his assets. However, this judgment caused panic within the government, which feared more claims. As a result, the 2017 amendment to the Act was passed, effectively overruling the Supreme Court judgment and blocking future claims from Indian heirs. Government's Role and CEPI's Power
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Business Standard
07-07-2025
- Politics
- Business Standard
Can ancestor's migration cost you crores? Saif's property case explains how
In a landmark ruling with far-reaching implications for cross-border inheritance, the Madhya Pradesh High Court last week declared significant portions of Saif Ali Khan's ancestral estate in Bhopal as 'enemy property' under the Enemy Property Act, 1968. The judgment effectively bars the Bollywood actor and his family from claiming rights over properties valued at over ₹15,000 crore. The court's decision stems from the historical migration of Begum Abida Sultan, the actor's great-aunt and eldest daughter of Nawab Hamidullah Khan, who moved to Pakistan in 1950 post-Partition and later served as a Pakistani diplomat. Her migration, the court ruled, automatically brought her Indian properties under the scope of the Enemy Property Act, which vests such assets with the Custodian of Enemy Property for India, a body under the Ministry of Home Affairs. The Property Dispute At the heart of the dispute are several iconic properties in Bhopal, including the Flag Staff House, Noor-Us-Sabah Palace, and Dar-us-Salam, which were part of the sprawling estate of the erstwhile Nawab of Bhopal. Saif Ali Khan, a descendant through Nawab Hamidullah's younger daughter Sajida Sultan, had previously been named as a legal heir in a 2000 inheritance ruling. However, the High Court has now set aside that decision, directing a fresh civil trial to re-determine the line of succession. While the inheritance trial may continue, the court clarified that once a property is vested under the Enemy Property Act, it is no longer open to succession, sale, or transfer by heirs, regardless of their nationality or residence status. 1. What is the Enemy Property Act, and why does it matter for families with cross-border roots? The Enemy Property Act, 1968, originally enacted in the backdrop of India's wars with Pakistan and China, allows the Indian government to seize and manage the assets of nationals from enemy countries. A 2017 amendment made the law even more stringent by barring any legal recourse for heirs and giving the government the power to sell or dispose of such assets. The Enemy Property Act, 1968 allows the Indian Government to vest (take over) properties in India that belong to individuals or legal heirs who are nationals of an enemy country, mainly Pakistan or China. The Custodian of Enemy Property for India (CEPI), a department under the Ministry of the Home Affairs, manages these assets. Once vested, enemy property cannot be claimed back," said Abhilash Pillai, Partner, Cyril Amarchand Mangaldas/ Legal experts say the law focuses on the nationality of the original titleholder—in this case, Abida Sultan—rendering any claims by subsequent Indian-born heirs invalid. 'The court's ruling reinforces the strict interpretation of the Enemy Property Act. Even legitimate Indian citizens can lose access to ancestral property if their ancestor was declared an enemy national,' said Alay Razvi, Managing Partner at Accord Juris. Why was Saif Ali Khan's ancestral property declared 'enemy property'? Because his ancestors forming part of the Royal Family - Nawab of Bhopal - migrated to Pakistan after Partition, hence, the property was classified as 'enemy property'. 3. Can Indian citizens inherit property if one ancestor moved to Pakistan decades ago? No, pursuant to Section 5B of EPA, even if the Indian citizen is a direct descendant, they cannot inherit if the person who originally owned the property became an enemy national, said Pillai. Though Saif and his family remained Indian citizens, the law views Abida Sultan as the last rightful owner, and since she became a Pakistani national, her share of the estate got permanently vested in the Custodian of Enemy Property. Result: No inheritance, no compensation—just a 75-year-old legacy caught in the gears of a wartime law. If the property is classified as 'enemy property, Indian citizens cannot inherit it Even if: You were born and raised in India You never had contact with the ancestor who migrated You maintained, paid taxes on, or lived on the property If the original titleholder became an enemy national, the property is frozen—transferred to the government, and not open to inheritance. Does this mean families in India can lose inherited property even if they've lived here for generations? Yes, if the original owner was declared an 'enemy', the property is permanently vested in the Custodian, regardless of how long the Indian heirs lived there or managed it. The law focuses solely on the nationality of the original owner. "Under the Enemy Property Act, 1968, if an ancestor is declared an 'enemy' typically someone who migrated to Pakistan or China during or after the Partition their properties in India vest automatically with the Custodian of Enemy Property. This means that Indian citizens who are descendants or heirs cannot inherit or claim ownership over such enemy properties, even if they themselves have never left India. However, if the property is not classified as 'enemy property' or if the ancestor was not formally declared an enemy, normal inheritance laws apply. In cases where properties have been vested with the Custodian, heirs have limited legal recourse and cannot assert ownership rights under regular succession laws until the enemy property status is revoked. Thus, the presence of an ancestor who migrated to Pakistan often legally bars descendants from inheriting the ancestr Under the *Enemy Property Act, 1968*, once a property is declared 'enemy property,' it vests absolutely in the Custodian of Enemy Property for India. The Custodian holds and manages these properties on behalf of the Government of India," said Razvi. But what if the heirs did not know? Ignorance of the law doesn't help here. In 2017, the law was amended retroactively, closing all loopholes. Courts can't overturn enemy property classifications, and families can't argue that they were unaware. Even legitimate legal heirs can't stake a claim—the law overrides personal wills, succession rights, and property tax records. "Under the Enemy Property Act, 1968, if an ancestor is declared an 'enemy' typically someone who migrated to Pakistan or China during or after the Partition their properties in India vest automatically with the Custodian of Enemy Property. This means that Indian citizens who are descendants or heirs cannot inherit or claim ownership over such enemy properties, even if they themselves have never left India. However, if the property is not classified as 'enemy property' or if the ancestor was not formally declared an enemy, normal inheritance laws apply. In cases where properties have been vested with the Custodian, heirs have limited legal recourse and cannot assert ownership rights under regular succession laws until the enemy property status is revoked. Thus, the presence of an ancestor who migrated to Pakistan often legally bars descendants from inheriting the ancestr Under the *Enemy Property Act, 1968*, once a property is declared 'enemy property,' it vests absolutely in the Custodian of Enemy Property for India. The Custodian holds and manages these properties on behalf of the Government of India," explained Alay Razvi, Managing Partner, Accord Juris. What happens to such 'enemy properties' can they be sold, auctioned, or claimed back? Razvi explains this as follows: The Custodian has the authority to manage, sell, or lease the enemy properties. The proceeds from sale or lease go to the Government treasury. The original owners and their heirs cannot sell, transfer, or otherwise dispose of these properties, as their ownership rights stand extinguished by operation of law. The only way an heir or claimant can attempt to regain such property is through legal challenges, often arguing that the property was wrongly classified as enemy property or that the ancestor was not an enemy. Such challenges are difficult and rare to succeed in because the Act vests absolute rights in the Custodian once declared. The property does not automatically revert to heirs even if they were unaware of the classification. Enemy properties are controlled by the Government through the Custodian, can be sold or auctioned by the Custodian, but cannot be claimed or inherited by private heirs unless successfully challenged in court. Saif Ali Khan's family has now been told to restart their claim at a lower court, but with the odds stacked against them. Financial lessons for families: If your family has cross-border roots—especially linked to Partition-era migrations—get a legal audit of ancestral properties. Here's what you can do: Check title deeds for prior ownership trail. Review government notifications—was the property ever listed under enemy property? Consult a property lawyer who specializes in custodial disputes or pre-Partition inheritance cases. Avoid investing in disputed properties, even if they appear "occupied" by current heirs. In Saif Ali Khan's case, royal lineage couldn't stand up to a cold law from 1968. For ordinary Indian families with similar cross-border connections, the stakes are no less emotional—or financial.
Time of India
17-05-2025
- Politics
- Time of India
Enemy Property
History's heavy hand How hundreds of families became trapped in a legal battle over a label they never chose One of my uncles had gone to Pakistan for work and returned in 1958. Our ancestral property was divided about 20 years ago,' explains Abdu Khader of Nannambra in Malappuram. 'Yet, I received a Central govt notice claiming my land is enemy property.' In Sept 2024, Khader and scores of others mostly in Malappuram as well as in Kannur, Kozhikode and Palakkad, received notices from the Custodian of Enemy Property for India (CEPI), stating their properties are subject to govt takeover. The notices, dated Sept 19, gave residents just 15 days to respond. Failure to reply, the notice warned, would be considered consent for the govt to seize the land. 'I've been living here with my family since 1978. I don't understand how, all of a sudden, my property has been labelled as enemy property,' says Sujatha, a resident of Thalakkad, also in Malappuram. The plot of land in question is among the 68 properties in Kerala—worth a staggering around Rs 1,375 crore—that have been designated as 'enemy property.' The Enemy Property Act came into force in 1968 after the war with Pakistan. It aimed to regulate properties of those who migrated to Pakistan after the 1947 partition or during the 1965 and 1971 conflicts and took up citizenship there or are presumed to be Pakistani nationals. But for many families like Khader's, these labels don't reflect their reality. The law has ensnared families who have lived peacefully for generations. Many of these cases trace back to ancestors who migrated temporarily—or under compulsion—decades ago, whether for work or trade. At the time, moving to Karachi was no different than travelling to Mumbai or Kolkata. Hundreds left for ordinary jobs: Running tea stalls, working in hotels or beedi factories, trading betel leaves—just as they might have moved to any other Indian city. Most never intended to stay forever. Yet, when they tried to return, they were met with visa rejections or deportation. One such family found hope in the courtroom. Kunji Koya, a Parappanangadi native, had moved to Karachi in 1953 for working in a hotel. Though he returned to India, he was branded as a Pakistani national by the police. His son, P Ummer Koya, endured a long legal battle just to pay land tax on property he bought from his father. In a landmark Kerala high court ruling in June 2024, the court clarified that seeking employment in Pakistan does not make one an 'enemy' under the law. It quashed the proceedings, affirming the family's right to their property. 'By no stretch of the imagination can the petitioner's father or the property held by him be deemed 'enemy' under the Act,' the court ruled. Yet this ruling remains the exception, not the norm. Several families remain mired in uncertainty. Their appeals to district officials and political leaders have yielded little result. In Thalakkad panchayat in Tirur, over 35 families now find themselves unable to pay land tax. Though they had regularly paid until 2024, revenue officials are now refusing payments. 'CEPI has collected details of these properties and it is verifying the claims of property holders. We don't know how long the process will take. Until then, we cannot accept tax from them,' says R Rajiv, village officer, Thalakkad. A similar situation prevails in Nannambra panchayat, where 10 families are affected. Notices were served directly by CEPI officials from Mumbai, leaving local revenue officers with no authority. 'Residents can appeal to CEPI as mentioned in the order. We have no role in it,' says N Jayasankar, village officer in Nannambra. When tensions between India and Pakistan rise, fear among affected families deepens. 'I have lived here for over three decades, paying my taxes,' says one resident, requesting anonymity. 'This notice has plunged us into despair. While I plead with authorities to show compassion, the worsening relationship between India and Pakistan gives me nightmares.' The plight of these families has been worsened by the 2017 amendment to the Enemy Property Act. It invalidates legal sales of these properties and erects formidable barriers for those seeking legal recourse, shutting the doors of civil courts to their pleas. Kerala ranks 13th in the country in the number of enemy properties, with 38 located in Malappuram district alone. Many of these properties have changed hands multiple times, with buyers unaware of their historical baggage—until the notices arrived. 'As of now, six properties have been confirmed as enemy property and will be auctioned,' said Vinil PK, an official at Malappuram district collectorate who deals with enemy property. 'The rest are still under verification,' he said. 'Our political parties, MLAs, and MPs should take up the issue with the Centre and convince it of the plight of these hapless people,' says former MLA and film director PT Kunhi Mohammed who wrote and directed 'Paradeshi,' which depicts the plight of 'Pak citizens' in Kerala. 'Many had to take Pakistani passports to return to India but were denied Indian citizenship and lived in fear of deportation. Now their descendants face losing their hard-earned properties.' Every time the India-Pakistan situation flares up, these families are gripped by fear, uncertain of when the next blow might fall. Facebook Twitter Linkedin Email Disclaimer Views expressed above are the author's own.
Time of India
27-04-2025
- Politics
- Time of India
10-hour fire in ED office having Choksi, Nirav, Bhujbal case files
Mumbai: A fire broke out early on Sunday and raged on for nearly 10 hours in ED's zone-1 office in a privately owned building in south Mumbai's Ballard Estate, sparking fears that investigation records of some high-profile cases, including those involving fugitive businessmen Mehul Choksi and Nirav Modi as well as politicians Chhagan Bhujbal and Anil Deshmukh, may have been lost. There was no clarity on whether ongoing investigations would be hit, but sources indicated a severe impact on office infrastructure, including computers and documentation. They said an assessment of the extent of the damage is underway. While both physical and digital records of investigations were stored at the office, the sources said since most of the documents were digitised, the agency may be able to recover them. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai ED has submitted in court the original investigation records of cases in which chargesheets have been filed, keeping the copies with itself. The questioning of scheduled witnesses summoned by ED for statements at the office will be affected following the fire. ED has offices on the fourth floor as well as on a portion of the first floor of the heritage building, Kaiser-I-Hind, which has more than four floors. The fire was confined to the fourth floor office, which housed the agency's additional director's office and investigation units. Both floors were shut owing to the late hours. According to the fire brigade, the fire broke out around 2.30am in the building. Only canteen staff and security personnel were present in the building at that time. No one sustained any injury. The fire brigade said the blaze was confined to the probe agency's wooden furniture and other office infrastructure. It said furniture placed in the common passage and the balcony impeded firefighting operations. The blaze was initially declared as level-1 (minor), which was scaled up to level-3 (major) around 4.20am as fire brigade personnel could not locate its source. "We could not enter the premises due to heavy smoke and heat. Besides, the building only has a single staircase as it is old. A large number of papers/documents, besides wooden furniture, fuelled the fire. The attic did not have much ventilation," said an official. The fire was finally doused by noon. ED's zone-2 office used to operate out of the building's ground floor, but it moved out to Ceejay House in Worli. The probe agency's zone-1 office has been using this ground floor as an extended office. The Custodian of Enemy Property for India occupies half of the first floor, while private establishments operate on the second and third floors. Senior fire brigade officials, including chief fire officer Ravindra Ambulgekar, supervised the firefighting operations. BMC additional commissioner Amit Saini also visited the site and supervised operations.
