Bhopal (Madhya Pradesh), January 23:
The Madhya Pradesh High Court has directed actor Saif Ali Khan to approach the appellate authority in response to a central government order declaring the Pataudi family’s historical properties in Bhopal, worth approximately ₹15,000 crore, as “enemy property.”
The properties under dispute include significant landmarks such as the Flag Staff House, where Saif spent his childhood, the Noor-Us-Sabah Palace (a luxury hotel), Dar-Us-Salam, the Bungalow of Habibi, Ahmedabad Palace, and the Kohefiza Property.
This legal battle began in 2015 when Saif Ali Khan contested the government’s decision. In December 2022, the High Court noted that an appellate authority had been constituted for addressing disputes related to enemy properties. Justice Vivek Agarwal subsequently allowed the parties involved to file a representation within 30 days.
Background of the Dispute
In 1947, the princely state of Bhopal was ruled by Nawab Hamidullah Khan, who had three daughters. The eldest, Abida Sultan, migrated to Pakistan in 1950, while her younger sister, Sajida Sultan, stayed in India. Sajida married Nawab Iftikhar Ali Khan Pataudi, whose son was the legendary cricketer Mansoor Ali Khan Pataudi.
Saif Ali Khan, Mansoor Ali Khan’s son, inherited a portion of the family’s properties. However, the government declared these properties as “enemy property” in 2014, citing Abida Sultan’s migration to Pakistan. Saif challenged the government’s decision, but a 2016 ordinance clarified that heirs could not claim ownership of such properties.
What Is Enemy Property?
Enemy property refers to assets left behind in India by individuals who moved to countries designated as “enemy nations” during conflicts, such as Pakistan and China. After the 1965 and 1971 wars with Pakistan and the 1962 war with China, these properties were taken over by the government under the Defence of India Act, 1962.
The Enemy Property Act, 1968, made such assets permanently vested with the Custodian of Enemy Property for India, removing any possibility of inheritance or transfer. The 2017 amendment to the Act further strengthened the law by broadening the definition of “enemy subject” and explicitly barring inheritance claims, regardless of citizenship or changes in nationality.
Legal Precedents
One of the most prominent cases involving enemy property was that of the Raja of Mahmudabad. The Raja, who moved to Pakistan in 1957, left behind vast properties in Uttar Pradesh. Although his son, a resident of India, was initially granted ownership rights by the Supreme Court in 2005, the 2017 amendment overruled this decision, ensuring that such properties remained with the Custodian.
Disposal of Enemy Properties
The central government has established guidelines for the disposal of enemy properties. These properties are evaluated by district-level committees, and their disposal is decided by the Enemy Property Disposal Committee. Unoccupied properties are sold through public auctions, while those occupied may be offered to tenants at a government-determined price. The proceeds are deposited into the Consolidated Fund of India.
Number of Enemy Properties in India
According to government records from 2018, India has a total of 9,280 enemy properties left behind by Pakistani nationals and 126 by Chinese nationals. The central government has also identified shares worth over ₹3,000 crore belonging to enemy entities, with steps underway to sell these assets.
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