Enemy Property Amendment bill passed by the Parliament
May 25, 2017 Real Estate News
On March 14th, the Lok Sabha passed the Enemy Property (Amendment and Validation) Bill, 2016. Rajya Sabha earlier has approved the bill. According to the bill denies the inheritance of the heirs for the properties left behind by the people who left the country after partition and are now settled in China and Pakistan.
After Raja of Mahmudabad of Uttar Pradesh made a claim on the ancestral property that was left behind by his father, the amendment was introduced. These properties are declared as enemy properties are were seized by the Indian government after the India- Pakistan partition.
The bill was proposed in 2010, but it was referred to the standing committee and could not get enough Parliaments’ approval due to opposition by several members. The bill was passed by the Lok Sabha by the President Pranab Mukherjee in January.
What does the law states?
After the war with China in 1962 and two wars with Pakistan in 1965 and 1972, some people migrated to these countries. The properties left behind by them were immediately seized by the government as ‘enemy property’ under the Defence of India Rules.
There have been several disputes in past relating to the ‘enemy property’. But now according to the bill, these properties belong to the government and the heirs don’t own any inheritance in them. The act restricts the succession and also the transfer of such properties, unless in accordance with the Act.
Though there are some changes in the bill:
At present, the Office of Custodian of Enemy Property has around 16,000 enemy properties worth crores. It will have to be maintained for coming generations and if they are passed or given the authority to the legal heirs, then it will create a lot of disrupting in infrastructure and government machinery in many ways.
After Raja of Mahmudabad of Uttar Pradesh made a claim on the ancestral property that was left behind by his father, the amendment was introduced. These properties are declared as enemy properties are were seized by the Indian government after the India- Pakistan partition.
The bill was proposed in 2010, but it was referred to the standing committee and could not get enough Parliaments’ approval due to opposition by several members. The bill was passed by the Lok Sabha by the President Pranab Mukherjee in January.
What does the law states?
After the war with China in 1962 and two wars with Pakistan in 1965 and 1972, some people migrated to these countries. The properties left behind by them were immediately seized by the government as ‘enemy property’ under the Defence of India Rules.
There have been several disputes in past relating to the ‘enemy property’. But now according to the bill, these properties belong to the government and the heirs don’t own any inheritance in them. The act restricts the succession and also the transfer of such properties, unless in accordance with the Act.
Though there are some changes in the bill:
- The bill has more inclusive definition of ‘enemy subject’ and ‘enemy’. It now includes the legal heirs and successors irrespective of their nationality.
- The law of succession or any custom or usage will not be applicable to ‘enemy property’.
- According to Section 18B, no civil court or any authority will admit any suit or any legal proceeding to the enemy property.
- Neither an enemy nor any enemy subject can transfer the property to the third party.
- The custodian department is liable to preserving the enemy property till it is disposed of and maintains under the guidelines.
At present, the Office of Custodian of Enemy Property has around 16,000 enemy properties worth crores. It will have to be maintained for coming generations and if they are passed or given the authority to the legal heirs, then it will create a lot of disrupting in infrastructure and government machinery in many ways.
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