The Pataudi family, led by Bollywood actor Saif Ali Khan, is in a legal battle over ancestral properties worth a staggering Rs 15,000 crore. These iconic assets, deeply intertwined with the family’s Nawabi legacy, have been classified as ‘enemy property’ under the Enemy Property Act of 1968. This controversial classification stems from the migration of Abida Sultan, the eldest daughter of Nawab Hamidullah Khan of Bhopal, to Pakistan in 1950.
The recent lifting of a 2015 stay by the Madhya Pradesh High Court has brought the Union government closer to seizing control of these properties, sparking renewed debate over the Act’s provisions and implications. The properties in question include several historical landmarks in Bhopal, such as the Flag Staff House, Noor-Us-Sabah Palace, Dar-Us-Salam, Ahmedabad Palace, and the Kohefiza Property.
These assets were inherited by Saif Ali Khan from his grandmother, Sajida Sultan, the second daughter of Nawab Hamidullah Khan. Sajida Sultan chose to remain in India following Partition, while her elder sister, Abida Sultan, migrated to Pakistan in 1950, renouncing her claim to the Nawabi throne and associated properties. This decision made Sajida Sultan the legal heir to her father’s estate. However, the Custodian of Enemy Property Department declared these properties as enemy assets in 2014, citing Abida Sultan’s migration to Pakistan.
Despite the legal recognition of Sajida Sultan’s inheritance, the government’s classification was upheld, triggering a legal battle that continues to this day. Enacted in 1968, three years following the Indo-Pak war of 1965, the Enemy Property Act allows the Indian government to seize and manage properties left behind by individuals who migrated to Pakistan or China. The Act defines an “enemy” as a country or its citizens that engaged in external aggression against India.
Properties belonging to such individuals, termed “enemy properties,” are vested with the Custodian of Enemy Property for India. The Act was amended in 2017 to remove the rights of heirs to reclaim or inherit these properties. This amendment stated that: “Any enemy property shall continue to be vested in the Custodian of Enemy Property for India and shall not be restored to any person or entity, including heirs or legal representatives.
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