Enemy Property

GS 2 POLITY

Context:
The Madhya Pradesh High Court has directed actor Saif Ali Khan to approach the appellate authority about the classification of ancestral properties as “enemy property.”

What is Enemy Property?

• Assets left by individuals who migrated to enemy countries (Pakistan, China) after wars (1947, 1965, 1971).

Legal Framework:

• Custodian of Enemy Property for India (CEPI): Manages enemy properties.
• Enemy Property Act, 1968: Governs these properties, prohibiting transfer or inheritance.
• Enemy Property (Amendment) Act, 2017: Permanently vests properties with the Custodian.

Current Status:

• Distribution: Primarily in Uttar Pradesh, West Bengal, Delhi.
• Value: Estimated at over ₹1 lakh crore.
• Properties Linked to Nationals: 9,280 linked to Pakistan and 126 to China.

Legal Precedents:

• Supreme Court (1981 & 2005): Upheld the Custodian’s authority, preventing inheritance claims.
• Adnan Sami Case (2016): Expanded the definition of “enemy subjects.”

Disposal Guidelines (2018):

• Properties are sold or leased with CEPI approval.
• Proceeds go to the Consolidated Fund of India.