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

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What is the Enemy Property Act of 1968

Properties left behind by people who acquired Pakistani or Chinese citizenship are called Enemy Properties. These properties are regulated by the Enemy Property Act of 1968. The Ministry of Home Affairs is responsible for carrying out the provisions of this law. A government agency in India called the Custodian of Enemy Property for India has the power to seize properties owned by Pakistani people in India....

Historical Background of Enemy Property Act

When war broke out with China in 1962, 1965, and 1971, the Indian government seized the belongings of Chinese citizens and Pakistani citizens according to the Defense of India Acts (with Pakistan). A country was deemed an “Enemy” under these regulations if it committed crimes against India and its people....

Enemy Properties Authorities – Custodian of Enemy Property for India

Enemy Property is under the authority of the Custodian of Enemy Property for India (CEPI). The custodian’s headquarters are in Delhi, and it also has branch offices in Mumbai, Lucknow, and Calcutta. Mr. Saurav Ray is India’s current Custodian of Enemy Property (CEPI). The CEPI Office is officially recognized by the Enemy Property Act of 1968 as a statutory authority and a division of the Ministry of Home Affairs as updated in 2017....

India’s approach to the Enemy Property

India and Pakistan were supposed to talk about giving back the assets and property that their respective governments had appropriated, according to a clause in the Tashkent Declaration from January 10, 1966. However, in 1971, the Pakistani government broke the agreement by selling properties that their citizens from India had left behind....

Data of Indian Enemy Property

The following are the details of Indian Enemy Property:...

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....

Purpose of Amendment in Enemy Property Act 1968

The Act was amended to protect against succession claims and the transfer of properties left behind by those who fled to China and Pakistan following the conflicts. Legal heirs are not granted any rights over enemy property as a result of the modifications. The amendment’s main objective was to nullify the impact of any court ruling on “enemy firms” and “enemy property.”...

Supreme Court Judgement in Enemy Property Act

In the case of Hamida Begum vs Custodian, M.K. Rangachari and Others, the court recognized that the keeper of the Enemy Property was just its guardian and not its owner. Hamida Begum owns a home called Kishori Court in the posh Worli Sea Face district of Mumbai. To recover municipal taxes, the tax office put the house up for sale in the 1960s. The Custodian of Enemy Property regained title of the property despite the transaction being annulled. All Enemy Property is owned by the Custodian, under the government amendment as of 1968....

Criticism of the Enemy Property Act, 1968

The 2017 Enemy Property Act update nullifies any permitted sales of Enemy Property made by adversaries since 1968....

Enemy Property Act Latest News

The following are some of the recent data regarding Enemy Property Act 1968:...

Summary – Enemy Property Act, 1968

In conclusion, the Enemy Property Act has been used to seize possessions by nations other than India. Bangladesh, India’s neighbour, has used its Enemy Property Act to take 26 lakh acres of Hindu land away from them. China has voiced concerns about India’s modified Enemy Property Act because, if both nations engage in a military conflict, Chinese authorities believe the Indian government will seize the assets of Chinese firms operating in India....

FAQs on Enemy Property Act, 1968

1. What is the Enemy Property Act 1968?...