NEWS – A parcel of land in Uttar Pradesh, previously belonging to the family of former Pakistan President Pervez Musharraf, is set to be auctioned under The Enemy Property Act.

HIGHLIGHTS

What is Enemy Property?

• In the wake of the India-Pakistan wars of 1965 and 1971, there was migration of people from India to Pakistan
• Under the Defence of India Rules framed under The Defence of India Act, 1962, the Government of India took over the properties and companies of those who took Pakistani nationality
• The Centre vested these “enemy properties” with the Custodian of Enemy Property for India
• The same was done for property left behind by those who went to China after the 1962 Sino-Indian War
• The Tashkent Declaration of January 10, 1966, included a clause that said India and Pakistan would discuss the return of the property and assets taken over by either side in connection with the conflict. However, the Government of Pakistan disposed of all such properties in their country in 1971.

Handling of Enemy Property in India

• Authority: Union Home Affairs Ministry
• Enemy Property Act, 1968:
  • Established continuous vesting of enemy property with the Custodian.
  • Central government controls enemy properties across many states.
• Amendments and Updates:
  • 2017 Amendment:
    • Expanded definitions to include legal heirs and successors.
    • Ensured properties remain with the Custodian even if the enemy status changes.
  • Recent Developments:
    • The Enemy Property (Amendment and Validation) Bill, 2016, was passed to safeguard against claims and court rulings affecting Custodian powers.
  • Raja of Mahmudabad Case:
    • Post-Partition, Raja’s estate was declared enemy property.
    • After his death, his son claimed the property, leading to legal disputes.
    • Supreme Court’s 2005 ruling favored the son, impacting enemy property control.