When a Home is Enemy Property

The Indian government has begun to auction properties belonging to erstwhile citizens of the country who now hold Pakistani and Chinese passports. The properties, declared as 'enemy properties' under the Enemy Property Act, 1968, are being sold through e-auctions, leaving many residents worried about their future.

Key Points:

1. Enemy Property Act, 1968: The Act enables the state to regulate and appropriate real estate belonging to those who had left India and got citizenship of countries it has gone to war with: Pakistan and China.
2. Properties: There are 12,611 properties across the country, out of which 126 belong to Chinese citizens. Uttar Pradesh has the maximum number, at 6,041, followed by West Bengal at 4,354.
3. Lucknow: The city has 361 such properties, with 105 occupied, the highest in U.P. and all in disrepair.
4. Faisal Azim Abbasi: A resident of Lucknow, Abbasi is worried about his family's future as they occupy an 'enemy property'. His grandfather took the property on rent from the Raja of Mahmudabad in the late 1930s.
5. Custodian of Enemy Property for India (CEPI): The department under the Ministry of Home Affairs was formed after the Indo-Pak war of 1965 and the two Indo-China wars in 1962 and 1967.
6. Amendments: The Enemy Property Act has seen several amendments, with the most significant and recent being The Enemy Property (Amendment and Validation) Act, 2017.
7. E-auction: The Union government has begun to e-auction many of the properties, with the value of the earlier 9,000 surveyed properties estimated to be ₹1 lakh crore.
8. Guidelines: The guidelines for the disposal of enemy properties stipulate that if the property is valued below ₹1 crore, the custodian must offer the occupant the choice of purchase.

About Enemy Property:

1. Definition: Enemy property is those immovable and moveable assets which were left behind by people who took citizenship of Pakistan and China after leaving India during the partition and post the 1962 and 1965 wars.
2. Types: Besides real estate, enemy property may also include bank accounts, shares, gold, and other assets of such individuals.
3. Custodian: The enemy properties are vested with the Custodian of Enemy Property for India (CEPI), an authority created under the Enemy Property Act, 1968.

Importance:

1. Real Estate: The disposal of enemy properties can generate significant revenue for the government.
2. Legal Framework: The Enemy Property Act provides a legal framework for the government to deal with properties left behind by those who migrated to Pakistan and China.
3. National Security: The Act ensures that properties that could be used against national interests are vested with the government.

 

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