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Saif Ali Khan's Bhopal Properties Entangled in Enemy Property Dispute

The fate of properties worth ₹15,000 crore, inherited by actor Saif Ali Khan and his family from Bhopal's erstwhile rulers, remains uncertain. These properties have been declared "enemy property" by the Office of the Custodian of Enemy Property, a body under the Union Ministry of Home Affairs. The actor now faces ambiguity over filing an appeal against the declaration.

The Madhya Pradesh High Court has advised Saif Ali Khan to approach the Mumbai-based Office of the Custodian to challenge the February 24, 2015 order. The order was issued on grounds that Nawab Muhammad Hamidullah Khan's eldest daughter, Abida Sultan Begum, migrated to Pakistan after the Partition, thereby classifying her share of the properties as enemy property under Indian law. Saif and his mother, veteran actress Sharmila Tagore, have contested this ruling.

What is Enemy Property?

The Enemy Property Act, 1968, governs assets left behind by individuals who migrated to "enemy nations" such as Pakistan during or after Partition. These properties are vested in the Custodian of Enemy Property for India, an authority appointed by the central government.

The Act defines enemy property as assets belonging to, or managed on behalf of, an enemy, enemy subject, or enemy firm. Such properties remain vested in the Custodian, even in cases where the owner ceases to be an enemy or has passed away.

Inheritance of Enemy Property

Under the Enemy Property Act, properties classified as enemy property cannot be inherited by successors. They are permanently vested in the Custodian, who manages or disposes of these assets as per the law. The central government may, however, direct the Custodian to return such properties to their original owners or designated individuals under specific circumstances.

Disposal of Enemy Properties

The disposal process is regulated by the Disposal of Enemy Property Order, 2018. The Custodian prepares a list of vested properties, which is evaluated by a Valuation Committee comprising district officials and engineers from CPWD or PWD. After valuation, the government may sell vacant properties through auction or offer occupied properties to current occupants at the appraised value. Movable properties like shares are sold with the government's approval.

Enemy Properties in India

As of now, India has 12,983 properties classified as enemy property, most of which belong to Pakistani nationals. The majority are located in Uttar Pradesh (5,688) and West Bengal (4,354), according to the Ministry of Home Affairs.

Current Status of Saif Ali Khan's Appeal

It remains unclear whether Saif Ali Khan has officially filed an appeal against the Custodian's ruling. The dispute has sparked widespread interest, given the historical and monetary significance of the properties. The next steps in this high-profile case will likely set important precedents for handling similar disputes involving enemy property across India.

This case underscores the complex legal landscape surrounding inheritance and enemy property, and it will be closely monitored as it unfolds.

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