From UPSC perspective, the following things are important :
Prelims level: Enemy Property Act, 1968
Why in the News?
The Union Home Affairs Ministry has notified the auction of land in Uttar Pradesh previously owned by the family of former Pakistan President Pervez Musharraf.
Enemy Properties in India
| Details | |
| Definition | Assets (movable and immovable) and properties of individuals or entities from countries at war with India, vested with CEPI. |
| History | Concept initiated after India-Pakistan wars (1965 & 1971) and the 1962 Sino-Indian war. |
| Legislation | Enemy Property Act, 1968; Enemy Property (Amendment and Validation) Act, 2017. |
| Custodian | Custodian of Enemy Property for India (CEPI), under the Ministry of Home Affairs. |
| Total such Properties | 12,611 enemy properties; 12,485 from Pakistani nationals, 126 from Chinese citizens. |
| States with Highest Properties | Uttar Pradesh (6,255), followed by West Bengal, Delhi, Goa, Maharashtra, and Telangana. |
| Movable Assets | Includes shares, gold, etc. Government has earned over ₹3,400 crore from the disposal of these assets. |
| Immovable Properties | No immovable enemy property has been sold so far. |
Significant Court Cases |
|
| Raja of Mahmudabad Case (2005) | Supreme Court ruled in favor of the son of the Raja, allowing him to claim enemy properties. This led to multiple claims by heirs. |
| 2010 Ordinance | In response to the 2005 judgment, the government issued an ordinance to prevent the transfer of enemy properties to legal heirs. |
| 2016 Amendment & Ordinance | The 2016 Enemy Property (Amendment and Validation) Ordinance nullified previous court orders, ensuring enemy properties remain with the Custodian. |
PYQ:[2017] With reference to the ‘Prohibition of Benami Property Transactions Act, 1988 (PBPT Act)’, consider the following statements: 1. A property transaction is not treated as a benami transaction if the owner of the property is not aware of the transaction. 2. Properties held benami are liable for confiscation by the Government. 3. The Act provides for three authorities for investigations but does not provide for any appellate mechanism. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) 1 and 3 only (d) 2 and 3 only |
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