• Actor Saif Ali Khan, who is recovering from a recent stabbing attack at his home, is facing another legal battle regarding his family property worth Rs 15,000 crore.

• The Madhya Pradesh High Court on December 13, 2024, dismissed the actor's plea against the government move to declare the Pataudi family property in Bhopal as ‘enemy property’. He can still appeal to the Appellate Tribunal.

• If an appeal is not filed by Bhopal Nawab’s successors against the order of the Office of the Custodian of Enemy Property for India, the properties may come under the Centre’s control, lawyers said.

Enemy Property Act

• The Enemy Property Act was passed in Parliament in 1968. 

• Assets left behind by people who have taken citizenship of Pakistan and China — mostly between 1947 and 1962 — are called enemy property.

• The government has vested these properties in the Custodian of Enemy Property for India, an office instituted under the Union government.

• According to officials, there are a total of 12,611 establishments called enemy properties, roughly estimated to be worth over Rs 1 lakh crore, in the country.

• The disposal/auction of enemy properties is done in accordance with Section 8A of the Enemy Property Act, 1968 and the rules and guidelines framed therein.

These include: 

i) Guidelines for the Disposal of Enemy Property Order, 2018.

ii) The Procedure and Mechanism for Sale of Enemy Share Order, 2019.

iii) The Procedure and Mechanism for Disposal of Immovable Enemy Properties Order, 2020.

iv) The sale of movable property such as ‘shares’ is done on the recommendation of High-Level Committee which recommends the quantum and price or price level for sale of ‘shares’.

• Before the disposal/auction of the enemy property, the valuation of immovable enemy property is done by a valuation committee under the chairmanship of the district magistrate of the district, where the property is situated. He is assisted by registrar/sub-registrar of the district and superintendent/executive engineer of CPWD/PWD.

• The valuation reports submitted by the district magistrate are placed by the Custodian before the Enemy Property Disposal Committee, which gives its recommendation to the central government for the disposal of enemy property or the manner in which it may be dealt with. 

Saif Ali Khan’s ‘enemy property’ case

• The last Nawab of Bhopal, Hamidullah Khan, had three daughters. The eldest of them, Abida Sultan, moved to Pakistan in 1950, following the partition, and renounced Indian citizenship. The second daughter, Sajida Sultan, stayed in India, becoming the rightful heir.

• Later, Sajida’s son Mansoor Ali Khan Pataudi (Tiger Pataudi) became the successor of these properties, and after him Saif Ali Khan is the owner of these properties, estimated to be valued at nearly Rs 15,000 crore.

• The court had in 2019 acknowledged Sajida as the rightful heir. However, the government cited Abida’s migration to claim that the properties are ‘enemy properties’.

• After the order of Custodian of Enemy Property, the ownership title became disputed which was challenged by Sharmila Tagore (Saif’s mother and Mansoor Ali Khan Pataudi’s wife) in the High Court in 2015.

• The properties inherited by Saif Ali Khan and his family include Noor-Us-Sabah Palace, Dar-Us-Salam, Bungalow of Habibi, Ahmedabad Palace and Flag Staff House.

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