The Madhya Pradesh High Court dismissed actor Saif Ali Khan’s objection to a government notification classifying his ancestral Bhopal properties as “enemy property” under the Enemy Property Act, 1968. This decision clears the way for potential government takeover of these properties, which are estimated to be worth ₹15,000 crore. The court also ordered a retrial of the property succession dispute.
Background of the Dispute:
- The case revolves around the Pataudi family’s ancestral properties in Bhopal, which Saif Ali Khan inherited.
- The properties were declared “enemy property” under the Enemy Property Act, 1968, which allows the government to claim properties left behind by individuals who migrated to Pakistan after the partition.
- Specifically, the properties were linked to Nawab Hamidullah Khan, the last ruler of Bhopal, whose daughter, Abida Sultan, migrated to Pakistan in 1950.
- Saif Ali Khan’s grandmother, Sajida Sultan, was later recognized as the legal heir, and Saif inherited the properties from her.
- In 2014, the Custodian of Enemy Property issued a notice identifying the Pataudi family’s Bhopal estate as enemy property.
- This was challenged in 2015 by Saif Ali Khan, who secured a stay order.
About the Enemy Property Act:
Legislation:
- Originally enacted in 1968, after the Indo-Pak wars of 1965 and 1971 and Indo-China war of 1962.
- It defines an ‘enemy’ as a country (and its citizens) that committed external aggression against India (i.e., Pakistan and China).
- Enemy Property means any property for the time being belonging to or held or managed on behalf of an enemy, an enemy subject or an enemy firm. I
- It vests these assets to the Custodian of Enemy Property for India, Ministry of home affairs. It is empowered to seize properties of individuals who:
- Migrated to Pakistan or China,
- Took foreign citizenship.
2017 Amendment Highlights:
- Legal heirs of enemies, even if Indian citizens, cannot claim rights over enemy property.
- Enemy Property remains vested in the Custodian indefinitely.
- Applies even if the enemy dies, changes nationality, or closes business.
Why Saif Ali Khan May Lose Property?
- Due to the 2016 Ordinance and 2017 Amendment, heirs of declared enemies (like Abida Sultan) cannot inherit property.
- Since Saif’s property claims originate from Abida Sultan’s lineage, the Centre invoked the Act.
- Even though Sajida Sultan (Saif’s grandmother) was recognised as legal heir, the original declaration of enemy property limits inheritable rights.