What's Enemy Property Act putting Saif's ₹15,000cr property at risk
What's the story
Bollywood actor Saif Ali Khan's ancestral properties, worth around ₹15,000 crore, are now under the Enemy Property Act's scanner.
Legal experts have said they are unsure about the fate of these assets, once owned by Bhopal's former rulers, and now inherited by Khan and his family.
The properties include Noor-Us-Sabah Palace, Dar-Us-Salam, Bungalow of Habibi, Ahmedabad Palace, and Flag Staff House.
Legal background
What is the Enemy Property Act?
The Enemy Property Act was passed in 1968 after the Indo-Pak wars of 1947, 1965, and 1971.
It aimed to take over the properties and assets of people who moved to Pakistan or China during the wars.
These were declared "enemy properties" and vested in the Custodian of Enemy Property for India.
This government-appointed authority manages and preserves these assets.
Legal amendments
The Act has been amended several times
The Act has been amended multiple times to make its provisions stronger, most notably in 2017.
Key provisions say enemy properties can't be claimed through inheritance by legal heirs of original owners and are considered to belong to the Government of India.
The Act's ambit also covers movable assets.
However, the 2017 amendment has been criticized for overturning settled legal cases and "robbing" families of their inheritance rights.
Legal dispute
Khan's family challenged 'enemy property' classification in court
The legal battle over Khan's ancestral properties started when his mother, Sharmila Tagore, and others contested an order dated February 24, 2015.
The order from the Custodian of Enemy Property for India declared the property of Bhopal Nawab as "enemy property."
The decision was taken as Nawab Muhammad Hamidullah Khan's eldest daughter Abida Sultan Begum migrated to Pakistan after Partition, rendering all properties she was to inherit "enemy properties."
Abida was Khan's grandmother's elder sister.
Succession claim
Expert cited 1962 order recognizing Sajida Sultan Begum as successor
Senior advocate Jagdish Chhavani, an expert on the merger of Nawab properties, referred to a January 10, 1962 order which recognized Sajida Sultan Begum as the sole successor to all private properties held by Nawab Hamidullah after his death in 1960.
Since Abida migrated to Pakistan, Sajida became the owner of all such properties, Chhavani said.
These were later passed down to her son Mansoor Ali Khan Pataudi and then to his son, Khan.