Enemy Property: A Link Between Pervez Musharraf And Saif Ali Khan

News18

12-07-2025

Saif is not alone. Pakistan's former president and army chief Pervez Musharraf's property too was auctioned under the same Enemy Property Act.
What is Enemy Property?
Enemy property is property abandoned by those who emigrated from India to Pakistan or China following the Partition of India in 1947 or subsequent hostilities (particularly the 1962, 1965, and 1971 wars).
The Enemy Property Act of 1968 was enacted by the Indian government, under which these properties are acquired and controlled by the Custodian of Enemy Property for India (CEPI), an organisation under the ministry of home affairs.
These assets cannot be claimed, transferred, or inherited by relatives residing in India, particularly after significant legislative amendments provided in 2017, which consolidated the Act.
What Changed in 2017?
The Enemy Property (Amendment and Validation) Act, 2017, was a game-changer. It introduced some significant changes.
All the properties of the enemy are to perpetually vest with the custodian, irrespective of any court judgments or succession acts. Any sale or transfer of enemy property, even prior to the 2017 law, is null and void. Legal heirs, even Indian nationals, cannot inherit these properties. Courts are barred from adjudicating disputes regarding such properties.
Saif Ali Khan's Bhopal Properties Declared Enemy Property
Saif Ali Khan is the nephew of Begum Sajida Sultan, the late Begum of Bhopal. She inherited various royal properties in Bhopal after her elder sister, Abida Sultan, emigrated to Pakistan in 1950 and became a Pakistani citizen.
In 2000, a trial court had ordered that Saif, his mother Sharmila Tagore, and sisters be allowed to inherit properties such as Flagstaff House, Noor-Us-Sabah Palace (which is now a luxury hotel), Dar-Us-Salam, Habibia Bangla, Ahmedabad Palace and Kohefiza property.
But in July 2025, the Madhya Pradesh High Court overruled that decision. It ruled that since Abida Sultan had emigrated to Pakistan, the whole estate was enemy property under the 1968 Act.
The HC directed a new trial in the district court within one year. In the meantime, the Custodian of Enemy Property can take over the properties for administration or auction.
Pervez Musharraf's Family Land Also Auctioned
One of the most high-profile cases was that of Pervez Musharraf, a former President of Pakistan. His family had property in Baghpat district, Uttar Pradesh.
In September 2024, a 13-bigha (approximately 2-hectare) piece of agricultural land owned by the Musharraf family was auctioned by CEPI. The sale was legally enforceable under the Enemy Property Act. It was one of the first large-scale publicised auctions of an enemy property owned by a person of Musharraf's standing.
How Many Enemy Properties in India?
There are more than 12,600 enemy properties in India, as per government records. There are approximately 12,485 from Pakistan and approximately 126 from China. The total value of such properties is estimated to be around Rs 1 lakh crore.
These are land plots, residential houses, palaces, and business buildings. The big states with enemy properties are Uttar Pradesh, West Bengal, Delhi, Maharashtra, and Madhya Pradesh.
How Many Have Been Auctioned?
CEPI has sold hundreds of properties throughout India, primarily agricultural and residential real estate. Dozens of sales have taken place in Uttar Pradesh, Bengaluru, and Maharashtra.
In Bengaluru alone, 24 properties were estimated to be worth over Rs 500 crore. Exact figures differ by region and year, but auctions remain a steady source of income for the government.
The Mahmudabad Case: A Turning Point
One of the most famous cases is that of the Raja of Mahmudabad, whose father migrated to Pakistan in 1947. The family fought a decades-long legal battle to reclaim their property in Uttar Pradesh.
advetisement
In 2005, the Supreme Court ruled in favour of the Raja, allowing him to reclaim his assets.
However, this judgment caused panic within the government, which feared more claims. As a result, the 2017 amendment to the Act was passed, effectively overruling the Supreme Court judgment and blocking future claims from Indian heirs.
Government's Role and CEPI's Power