The Enemy Property Act was enacted in 1968 to manage properties left behind by individuals who migrated to Pakistan or China during and after wars with these countries. These properties were designated as “enemy properties” and placed under the Custodian of Enemy Property for India.
Saif Ali Khan’s ancestral properties, inherited from the erstwhile Nawabs of Bhopal, are under scrutiny because one family member migrated to Pakistan post-Partition. The government contends these properties may fall under the Act’s jurisdiction as “enemy properties.”
The contested properties include Noor-Us-Sabah Palace, Dar-Us-Salam, Bungalow of Habibi, Ahmedabad Palace, and Flag Staff House, valued at approximately Rs 15,000 crore.
The amendment explicitly states that enemy properties cannot be inherited, even by Indian citizens. This amendment applies retrospectively, invalidating claims by legal heirs if the original owner was classified as an “enemy.”
This government-appointed authority manages and preserves enemy properties. The Custodian has the power to take control of such properties and prevent their transfer or sale without approval.
The matter remains uncertain. If no appeal is filed against the Custodian’s order, the properties could be vested in the Government of India.
In 1962, the Government of India recognized Sajida Sultan Begum, Saif Ali Khan’s grandmother, as the sole successor to the Nawab’s properties. However, this status is now disputed under the 2017 amendment.
The Enemy Property Act allows the government to control properties left behind by those who migrated to Pakistan or China. Recent amendments prevent inheritance by heirs of “enemies,” posing challenges for families like Saif Ali Khan’s. The retrospective nature of the 2017 amendment has led to controversies over inheritance rights and legal uncertainties.
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