The Enemy Property (Amendment and Validation) Act, 2017
The Enemy Property (Amendment and Validation) Act, 2017, Act No. 3 of 2017, was enacted by Parliament and published by the Ministry of Law and Justice (Legislative Department) on 14 March 2017. It amends the Enemy Property Act, 1968 and the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, principally by keeping enemy property vested in the Custodian despite death, succession or change of nationality, restricting transfers and inheritance claims, and providing powers for management, eviction and disposal. Except where the Act provides otherwise, it is deemed to have come into force on 7 January 2016.
Scope and timing
The Enemy Property (Amendment and Validation) Act, 2017 changes the legal treatment of property vested in the Custodian as enemy property. Many amendments are stated to apply from the commencement of the Enemy Property Act, 1968, while the amending Act generally has deemed effect from 7 January 2016, except where otherwise provided.
The Act also states that it amends the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
Who may be affected
The Enemy Property (Amendment and Validation) Act, 2017 may affect buyers, occupants, heirs, successors, firms and anyone claiming a title, interest or benefit in property treated as enemy property.
The expanded definition covers legal heirs and successors of an enemy or enemy subject, even if they are Indian citizens or citizens of a country that is not an enemy. It also covers succeeding firms and firms that have changed nationality.
Key provisions
The Enemy Property (Amendment and Validation) Act, 2017 provides that:
- Enemy property continues to vest in the Custodian despite the death of the enemy or enemy subject, extinction or winding up of a firm, change of nationality, or citizenship of an heir or successor.
- Succession laws, customs and usages do not apply to enemy property. Legal heirs and successors do not obtain rights, titles, interests or benefits in that property under succession.
- An enemy, enemy subject or enemy firm has no right to transfer property vested in the Custodian. Any such transfer is void and is deemed always to have been void.
- The Custodian may conduct an inquiry, declare that specified property vests in the Custodian, and issue a certificate that serves as evidence of the stated facts.
- The Custodian may preserve the property, fix and collect rent, lease rent, licence fees or usage charges, evict unauthorised or illegal occupants or trespassers, and remove unauthorised or illegal construction.
- With prior Central Government approval, the Custodian may dispose of enemy property by sale or otherwise. The Central Government may instead assign disposal to another authority, Ministry or Department, or use the property as it considers fit.
- Sale proceeds must be deposited into the Consolidated Fund of India. The Custodian may request police assistance for disposal.
- Civil courts and authorities cannot entertain proceedings concerning property covered by the amended law or action taken by the Central Government or Custodian, except where the Act provides otherwise.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can an Indian citizen inherit property that is classified as enemy property?
Not through succession merely because the person is an Indian citizen or a legal heir. The Act says succession law, custom and usage do not apply to enemy property, and legal heirs and successors do not acquire rights in it.
Is a past transfer by an enemy or enemy firm valid?
The Act says an enemy, enemy subject or enemy firm has no right to transfer property vested in the Custodian, whether before or after commencement of the principal law. Such a transfer is void and is deemed always to have been void.
Can the Custodian evict someone occupying enemy property?
Yes. The Custodian may secure vacant possession by evicting an unauthorised or illegal occupant or trespasser and may remove unauthorised or illegal construction.
Can enemy property be sold?
Yes. With prior approval of the Central Government, the Custodian may dispose of enemy property by sale or otherwise, and sale proceeds must be deposited into the Consolidated Fund of India.
