The Madhya Pradesh High Court has directed actor Saif Ali Khan to approach the appellate authority to contest the central government’s decision declaring certain historical properties of the Pataudi family in Bhopal as “enemy property.” These properties, estimated to be worth ₹15,000 crore, include:
- Flag Staff House (where Saif spent his childhood)
- Noor-Us-Sabah Palace (now a luxury hotel)
- Dar-Us-Salam
- Bungalow of Habibi
- Ahmedabad Palace
- Kohefiza Property
The High Court has been hearing Khan’s challenge to this declaration since 2015. However, on December 13, 2022, the central government informed the court that an appellate authority had been constituted to adjudicate disputes regarding enemy property. Justice Vivek Agarwal advised Saif and others to submit their representation within 30 days.
It is unclear whether Saif, who is recovering from an attack by an intruder at his home, complied with the tribunal’s deadline of January 12, 2023.
Why Did Saif Ali Khan Approach the Madhya Pradesh High Court?
The roots of the dispute trace back to the princely state of Bhopal, ruled by Nawab Hamidullah Khan in 1947. He had three daughters:
- Abida Sultan (migrated to Pakistan in 1950)
- Sajida Sultan (stayed in India and married Nawab Iftikhar Ali Khan Pataudi)
- Qudsia Begum
Sajida Sultan’s grandson, Saif Ali Khan, inherited a share of these properties through his lineage. However, the migration of Abida Sultan to Pakistan became the basis for the Indian government’s claim that these properties were “enemy property.”
In 2014, the Custodian of Enemy Property for India declared the Pataudi family’s Bhopal assets as enemy property. Saif Ali Khan challenged this notice. However, in 2016, an Ordinance was passed, later converted into law, explicitly stating that legal heirs had no rights over enemy properties.
What Is Enemy Property?
Enemy property refers to assets (movable or immovable) left behind in India by individuals who migrated to countries designated as “enemy nations” during times of conflict. This includes properties owned by those who:
- Migrated to Pakistan after the partition of India.
- Migrated to China during or after the Sino-Indian War of 1962.
These properties are vested with the Custodian of Enemy Property for India, under the Defence of India Act, 1962 and later formalized by the Enemy Property Act, 1968.
What Happens to Enemy Properties?
Under the Guidelines for the Disposal of Enemy Property, 2018, the procedure for dealing with such properties is as follows:
- Identification & Valuation:
- A list of enemy properties is prepared and valued by district magistrates based on circle rates and other factors.
- Recommendations:
- The Enemy Property Disposal Committee decides whether to sell, transfer, or maintain these properties.
- Auction & Transfer:
- Vacant properties are auctioned to the highest bidder.
- Occupied properties may be offered to current occupants at a government-determined value.
Can Legal Heirs Inherit Enemy Property?
Under the Enemy Property Act (Amendment and Validation) Act, 2017, legal heirs of individuals who migrated to enemy nations are explicitly barred from inheriting these properties, even if:
- The heir is an Indian citizen.
- The “enemy” subject or firm ceases to exist.
This law ensures that enemy properties remain under the permanent control of the Custodian of Enemy Property.
How Many Enemy Properties Are in India?
As of January 2018:
- 9,280 properties belonged to Pakistani nationals.
- 126 properties belonged to Chinese nationals.
The Indian government estimates the total value of these properties to be approximately ₹1 lakh crore.
In 2020, a Group of Ministers, led by Union Home Minister Amit Shah, began overseeing the disposal of enemy properties.
Implications of the Case
The Madhya Pradesh High Court’s directive to Saif Ali Khan underscores the complexities of claims surrounding enemy properties. This case not only highlights the challenges faced by legal heirs but also demonstrates the government’s resolve to retain control over such properties in the interest of national security.
Saif Ali Khan’s case will serve as a significant precedent in interpreting the legal boundaries of inheritance and property rights in the context of enemy properties in India.
Also Read: Loudspeakers Not Essential For Any Religion: Bombay High Court’s Landmark Ruling
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