Enemy Property Act Explained: Who Loses Property After Migration to Pakistan or China?

The Enemy Property Act, 1968 deals with properties left behind in India by people who migrated to Pakistan or China during and after wars in 1947, 1962, 1965, or 1971. These properties are taken over and managed by the Custodian of Enemy Property for India.

In 2017, the law was amended to strengthen the government's powers and prevent legal claims on these properties by heirs or relatives of those who migrated to enemy countries.

Key Points:

• “Enemy property” means land, houses, shares, or other assets left by people who moved to Pakistan or China.
• The government takes over and manages these properties through the Custodian of Enemy Property.
• The 2017 amendment clarified that:
  • No heir or successor of the enemy can claim these properties.
  • Any sale or transfer of enemy property by the original owner is void and illegal.
  • The custodian has full powers to manage, control, or sell such property.
  • This law applies retrospectively—even old claims are invalid.
• It mainly affects those who migrated to enemy countries, not Indian citizens.

FAQs on Enemy Property Act, 1968

1. What is ‘enemy property’?
   Enemy property refers to land, houses, shares, or assets in India that belonged to people who migrated to Pakistan or China during wars (1947, 1962, 1965, or 1971).
2. Who controls enemy properties?
   The Custodian of Enemy Property for India takes charge of all such properties on behalf of the government.
3. Can legal heirs of the migrated person claim that property now?
   No. The 2017 amendment clearly says no legal heir, successor, or relative can claim ownership.
4. Is this law still applicable?
   Yes. It is still in force and applies retrospectively, even to old cases.
5. Can enemy property be sold or transferred?
   Only the custodian can sell or manage such properties. Any sale or transfer by the original owner (after migration) is illegal.
6. Who is considered an ‘enemy’?
   People who migrated to Pakistan or China and took citizenship of that country during wartime are treated as enemies under this Act.
7. Does it apply to people who migrated to other countries like the USA or UK?
   No. It only applies to people who migrated to enemy countries like Pakistan or China.
8. How much enemy property is there in India?
   There are over 9,000 properties (mostly in Uttar Pradesh, West Bengal, and Delhi) and shares worth thousands of crores under this Act.
9. Can Indian courts give relief to the heirs of such property?
   No. After the 2017 amendment, courts cannot order restoration of enemy property to anyone.
10. What was the need for the 2017 amendment?
    Many people were filing court cases to reclaim enemy property. The government made the amendment to stop all such claims permanently.
11. What if the person who left India did not take Pakistani or Chinese citizenship?
    If they remained an Indian citizen, the property is not treated as enemy property.
12. What happens if the property was already sold?
    If it was sold after the person became an enemy, the sale is considered invalid under the law.
13. Is this law fair? Doesn’t it take away people’s rights?
    The government says this law is about national interest and security, not individual rights.
14. Can a current Indian citizen accidentally fall under this law?
    Only if the property is proven to be of someone who migrated and became a citizen of an enemy country.
15. Can enemy property be used by the government?
    Yes, the government can auction, rent, or use such property for public use or government projects.