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20th July 2024 (10 Topics)

Enemy Properties

Context

Recently, the Union government has initiated e-auctions for many of the 12,611 identified enemy properties across India. This move aims to effectively utilize these assets while adhering to the legal framework provided by the Enemy Property Act. 

What are Enemy Properties?

  • Enemy properties refer to any assets—immovable property, shares, debentures, etc.—that belong to, are held by, or managed on behalf of an enemy, enemy subject, or enemy firm.
    • The term "enemy" here denotes countries (Pakistan, China) that have engaged in aggression or declared war against India.
  • Enemy Property Act, 1968: The Act was enacted following the Indo-China and Indo-Pak conflicts of 1962 and 1965. It stipulated that descendants of individuals who migrated to Pakistan or China would forfeit any rights of succession to their ancestors' properties in India.
    • Purpose: The primary objective of the Act is to regulate and take control of properties owned by individuals who moved to Pakistan or China after the wars.
    • Key Amendments of 2017: Over time, the Act has undergone several amendments, the most recent being the Enemy Property (Amendment and Validation) Act in 2017.
      • The 2017 amendment expanded the definition of "enemy subject" and "enemy firm" to include legal heirs and successors of enemies, irrespective of their nationality.
      • It also established that once a property is declared as enemy property, it retains that classification.
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