When Bollywood Meets Bureaucracy
In 2025, Bollywood and bureaucracy clashed. This time, it was not a film premiere but a legal twist involving Saif Ali Khan. According to reports, Saif’s ancestral house, part of the Pataudi royal family legacy, can come under the Enemy Property Act. The issue relates to a family who migrated to Pakistan decades ago.
But what is this law? Why does it matter today? And why should UPSC aspirants care? Let’s see.
What is Enemy Property?
In Custodian of Enemy Property for India v. Jamuna Prasad (Supreme Court of India, 2014), SC stated that ” “The Custodian of Enemy Property for India does not acquire ownership of such assets which vest in it; the authority is a trustee only for the management and administration of such properties.”
People who emigrated to enemy lands leave behind property in India, which is called Enemy Property.
Indian law has defined enemy countries as those with which India has fought wars or maintains hostile relations. This includes Pakistan and China after the Indo-Pak wars (1947, 1965) and the Indo-China War (1962)
All of these properties are managed by the Custodian of Enemy Property (CEPI) in India, which operates under the Ministry of Home Affairs (MHA).
Enemy Property and Indian Acts
India has systematically developed a legal regime over the years to manage, preserve, and govern these in India in a way that incorporates national security and property rights. Within this context and as this legal regime progressed, the scope of EP management spans from temporary emergency laws imposed during wartime, such as the Defence of India Acts of 1962 and 1971, to more permanent laws such as the EP Act of 1968 and its subsequent amendments in 1971, which dealt with issues of succession and transfer of rights, unauthorized occupation and possession, and management of property.
The Public Premises (Eviction of Unauthorized Occupants) Act of 1971 and the Enemy Property (Amendment and Validation) Act of 2017 complement the other acts by establishing a legal framework that enables the government to manage and preserve these properties effectively.
1- Defence of India Act, 1962
The government enacted this law to address the 1962 India–China War. The law permitted the Central Government to assume control over properties owned by nationals of countries that were actively at war with India.
- Under the Defence of India Act, the properties owned by Chinese nationals in India, at the time, were classified as ‘enemy property.’
- The Defence of India Act created the first Custodian of EP for India (CEPI).
- Defence of India Act laid the foundation of the Enemy Property Act of 1968.
2- The Defence of India Act, 1971
This act was Enacted during the 1971 India-Pakistan and it Altered government’s wartime emergency authority.
Relation to Enemy lands:
- This Act vested property belonging to Pakistan citizens in India with the Custodian of Enemy Property (CEPI).
- The authority established under the 1962 legal framework continues this role.
- After the 1971 war, this Act solidified the government’s control over properties owned by Pakistani citizens.
3- Enemy Property Act, 1968
This law incorporated the provisions from the Defence of India Acts (1962 and 1971).
Key Provisions:
- All properties owned by enemies (primarily for nationals of China and Pakistan) will be vested in CEPI.
- The custodian will have the authority to manage, preserve, lease, or sell enemy property.
- Any transfer of enemy property without government authorization would be void.
- Excluded Jammu and Kashmir initially, but later amendments included coverage of that region.
- Importance: Established permanent legislation for enemy property independent of temporary wartime law.
4- The Enemy Property (Amendment and Validation) Act, 2017
Rationale: There were multiple legal proceedings where heirs of Pakistani and Chinese property owners were asserting claims to such properties.
Key Bill Amendments:
- Heirs of EP owners like Saif Ali (even citizens of India) will not be permitted to inherit enemy property.
- Any transfer of enemy property in the past (through sale, gift, inheritance, etc.) would be null and void.
- Custodian powers of disposal and management of enemy lands were enhanced.
- The act scaffolds in some of the loopholes in the legal architecture, and affirmed to the Government permanent ownership of enemy property.
5- The Public Premises (Eviction of Unauthorized Occupants) Act, 1971
Provisions of this act relates to unauthorized occupants from Government premises.
Enemy Property Link: Enemy properties will classify as “public premises” once vested in the Custodian.So, unauthorized occupants can be evicted under this Act. Hence, It gave legal means to remove squatters or encroachers from enemy properties.
Inter-connection Between These Acts
Defence of India Acts (1962 & 1971) – first vested enemy properties with the Custodian as a temporary, wartime Act.
Enemy Property Act, 1968 – made the vesting of enemy property permanent.
Public Premises (Eviction) Act, 1971 – helped the Custodian evict unlawful occupants from enemy property.
Enemy Property (Amendment & Validation) Act, 2017 – dealt with inheritance issues concerning enemy properties and validated the Government has absolute ownership.
How Does Enemy Property Links to Saif Ali Khan?
Saif traces his ancestry to the Nawabs of Pataudi and Bhopal. There are reports that some of Saif’s ancestors migrated to Pakistan after independence.
If any of Saif’s hereditary land is connecting to those relatives, then it could be defined as enemy property.
In this case Saif may very well lose his right to claim this property, regardless of any inheritance documents he may have been issued.
Now nobody has ruled on this yet, but these conversations seem to spark debates again on the subject of property rights and national security.
Read Also: All Important Acts for UPSC GS2 & Polity
Updates in 2025
- Official Review: The Home Affairs ministry is currently reviewing enemy properties worth significant value.
- Legal Review: Some estates linked to former princely families are being investigated.
- Revenue Auction: Authorities may auction the properties in order to make money from the same.
- Celebrity Reaction: Saif Ali Khan’s case brought the issue into mainstream media.
UPSC Relevance: Why It Matters
This isn’t just celebrity gossip—it is a highly relevant topic for UPSC Prelims, Mains (GS2), and PSIR Optional.
Prelims
- Enemy Property Act, 1968 & 2017 Amendment
- Role of Custodian of Enemy Property
- Constitutional rights & restrictions under Article 300A (Right to Property)
Mains GS2/GS1
- Balance between state security and private rights
- Impact of partition and migration on property laws
- Legal, ethical, and administrative debates
Also Read: UPSC Polity Preparation in 3 Steps
Data & Numbers as facts
| Type | No. of Properties | Estimated Value |
|---|---|---|
| From Pakistan | 9,280+ | ₹1+ lakh crore |
| From China | 100+ | Confidential |
Most enemy properties are in Uttar Pradesh, followed by West Bengal and Delhi.
Conclusion
The Saif Ali Khan case signifies how personal legacies may conflict with laws of the nation. The Act is not simply about estates. It is about:
National identity
Security considerations
Geopolitics in a time of post-war.
Transactions made decades ago, remain alive. For UPSC aspirants, it is a means to consider that current affairs is more than simply the news.
Frequently Asked Questions (FAQs)
The law defines it as properties left behind by citizens of another country like Pakistan and China after the war.
The Custodian of Enemy Property for India, under the Ministry of Home Affairs, administers Enemy Property.
Heirs to Enemy Property cannot reclaim or inherit Enemy Property as of the 2017 amendment to the statute.
