Amendment in Enemy Property Act, 1968
The Enemy Property Amendment and Validation Bill passed in 2017, revised the Public Premises Act of 1971 and the Enemy Property Act of 1968. The main beneficiaries of the Act are the descendants of those who left behind property when they migrated to China and Pakistan during and after the partition.
- According to the Act, it is forbidden to transfer any “enemy property.” Transfers that took place before or after 1968 are also covered subsequently.
- It stops civil courts and other authorities from hearing cases involving properties owned by enemies.
- This Act additionally designates some mobile assets as enemy property.
- According to the Act, enemy property will always belong to the Custodian even whether the rightful successor is an Indian citizen or a citizen of a non-aggressive nation.
- The Custodian will still be the owner of the enemy property even if the adversary or “enemy firm” ceases to exist because of death, extinction, winding up of business, or change of nationality.
- As long as the government gives its approval and the Custodian follows its instructions, they can dispose of “enemy property” in a way that meets with the Act’s conditions.
Enemy Property Act 2017
The Enemy Property Act of 2017, which amended the existing legislation, defines enemy property as any property linked to an enemy, enemy subject, or enemy firm. The amended act explicitly prevents legal heirs of individuals who migrated to China and Pakistan during the partition from making claims on properties left in India by their ancestors. This law excludes enemy properties from the normal rules of succession, denying legal heirs any entitlement to such assets.
Enemy Property Act, 1968
Enemy Property Act, 1968: Enemy property refers to the assets abandoned in India by individuals who acquired citizenship in Pakistan and China. The Enemy Property Act was passed by the Indian Parliament in 1968 after the 1965 war with Pakistan and the 1962 Sino-Indian war with China. It authorizes and regulates the seizure of property owned by Pakistani and Chinese nationals in India.
After the Indo-Pakistan War in 1965, the act was passed. The act states that, under the direction of the Home Ministry, the enemy property is constantly vested to the Custodian of Enemy Property for India (CEPI). The Custodian, operating on behalf of the Central government, owns enemy properties spread among the country’s various states.
In this article, you will learn about the Enemy Property Act, of 1968, its history, amendment, purpose, and criticism.
Table of Content
- What is the Enemy Property Act of 1968
- Historical Background of Enemy Property Act
- Enemy Properties Authorities – Custodian of Enemy Property for India
- India’s approach to the Enemy Property
- Data of Indian Enemy Property
- Amendment in Enemy Property Act, 1968
- Purpose of Amendment in Enemy Property Act 1968
- Supreme Court Judgement in Enemy Property Act
- Criticism of the Enemy Property Act, 1968
- Enemy Property Act Latest News