Enemy Property in India: Law, Ownership & Rights

The Enemy Property Act, 1968 governs properties left behind in India by people who migrated to Pakistan or China during and after the wars of 1947, 1962, 1965, and 1971. These properties are taken over and managed by the Custodian of Enemy Property for India, under the Ministry of Home Affairs. The 2017 Amendment made the law stricter—permanently blocking heirs or relatives of those who migrated from claiming such properties.

Key Highlights

• Enemy Property: Includes land, buildings, shares, bank accounts, or movable assets left behind by people who migrated to Pakistan or China.
• Custodian Control: Managed by the Custodian of Enemy Property for India, headquartered in Delhi.
• No Heir Claims: Legal heirs or relatives cannot claim or inherit enemy property.
• Invalid Transfers: Any sale, gift, or lease made by the original owner (after migration) is void.
• Government Powers: The Custodian can manage, lease, or sell enemy property.
• Retrospective Law: Applies to past and ongoing disputes—all previous claims stand cancelled.
• National Security Focus: Ensures properties linked to enemy nationals are not misused or reclaimed through litigation.

State-wise Enemy Property Data

(Source: Ministry of Home Affairs, Govt. of India – https://enemyproperty.mha.gov.in/epweb/immovableEnemyProperty)

Who is the Custodian of Enemy Property?

The Custodian of Enemy Property for India (CEPI) operates under the Ministry of Home Affairs. It manages, safeguards, and disposes of enemy properties through https://enemyproperty.mha.gov.in/epweb/index

How Enemy Property is Managed

Enemy Property Act, 1968 – FAQs

1. What is enemy property?

Land, buildings, shares, or assets in India belonging to those who migrated to Pakistan or China during or after wars.

2. Who manages these properties?

The Custodian of Enemy Property for India, under the Ministry of Home Affairs.

3. Can heirs claim ownership?

No. The 2017 Amendment permanently bars all heirs, successors, or relatives from claiming these properties.

4. What if someone already sold such property?

Any sale or transfer after the person became an enemy national is illegal and void.

5. Does it apply to people who migrated to the USA or the UK?

No. Only applies to those who migrated to Pakistan or China and took their citizenship.

6. How many such properties exist in India?

Over 12,800+ enemy properties and shares worth thousands of crores are under government control.

7. Can courts return these properties to families?

No. Courts cannot pass orders restoring enemy property to any individual.

8. What if the person remained an Indian citizen?

If the person never took foreign citizenship, the property is not treated as enemy property.

9. Can the government sell these properties?

Yes, through auction or transfer, especially for public purposes.

10. What is the rationale behind this law?

To safeguard national interest and prevent properties linked to enemy nations from being misused.

Where to Check or Contact

Visit: https://enemyproperty.mha.gov.in/epweb/index
Office: Shri Prasana R, Custodian of Enemy Property for India, Connaught Place, New Delhi-110001. 
Contact: 011-2374-7067