Enemy Property Act, 1968
Q. The recent amendment to the Enemy Property Act, 1968 is related to?- Published on 04 Apr 16a. Sale of the enemy property
b. Reuse of the enemy property
c. Giving back of the enemy property
d. Guard against claims on property by descendants of the migrated
ANSWER: Guard against claims on property by descendants of the migrated
- In the wake of the India-Pakistan war of 1965, the Indian Government took over the properties and companies of those who migrated to Pakistan and became citizens of that country.
- These “Enemy Properties” – as well as the properties left behind by those who went to China after the 1962 Sino-Indian war — were vested by the Central government in the Custodian of Enemy Property for India through the Enemy Property Act, 1968.
- The Central Government, through the Custodian, is in possession of enemy properties spread across many States.
- The amendments to the Enemy Property (Amendment and Validation) Bill, 2016, passed by the Lok Sabha, intended to guard against claims of succession by or transfer of properties to descendants of those who migrated after the wars. The amendments even deny legal heirs even if they are Indian citizens any right over such property, and disallows any civil court or other authority from entertaining any suit or proceeding in respect of any enemy property or any action taken by the Government or the Custodian.
- The main aim is to negate the effect of a Supreme Court judgment of 2005 in favour of the current Raja of Mahmudabad, who fought legal battles for 30 years to gain possession of the estates of his father after the latter’s death.
