Lok Sabha Gives in Enemy Property (Amendment and Validation) Bill, 2016

The legal inheritor of those who moved out of India to Pakistan or China will not anymore considerable to own any piece from Indian landscape. Lok Sabha on Tuesday, March 15, finally passed the Enemy Property Bill, 2016, by including the changes made by Rajya Sabha on the previous week.

Historical reference:

The amended bill, which transform a 49-year existing law, was passed by a voice vote happened in the parliament. The earlier Enemy Property Act was acted out in 1968, after the Indo-Pak war of 1965. In a nutshell, The Enemy Property Act1968- An Act of the Parliament of India, that provides for the continuous vesting of enemy property in the Custodian. The Central Government through the Custodian of Enemy Property for India is in possession of enemy properties spread across many states in the country. In addition, there are also movable properties categorized as enemy properties.” In March 2016, Kiren Rijiju, State Home Minister introduced Enemy Property Bill, seeking to be the following:
• The Bill amends the Enemy Property Act, 1968, to empower all rights, titles and interests over enemy property in the Custodian for the Enemy Property for India.
• The Bill spoke up for transfer of enemy property by the enemy, performed under the Act, to be annulled. This applies on second thoughts to transfers that have occurred before or after 1968.
• The Bill forbids civil courts and other authorities from engaging disagreements related to enemy property.

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Present scenario
The government had established the amendment bill after the successors of Raja Mohammad Amir Mohammad Khan claimed rights on their assets in Uttar Pradesh and Uttarakhand. The subject is presently under the Supreme Court’s control. The Lok Sabha had already passed the Bill, however some of the amendments were suggested by a Select Committee set up by the Upper House. Again, RSP member N K Premachandran moved an amendment, which was said no. Home Minister Rajnath Singh said, “The purpose of the Bill is to clarify the 1968 Act. Inheritance law will not be applicable on Enemy Property. This will put an end to the long pending issue, which should have ideally happened in 2010 when the Bill was introduced.”

The Central Ministry of Home and Affairs had spotted out 263 land properties in Goa that belong to people who are holding Pak citizenship and all these happened much before the Bill was passed. Located in the Bardez, Bicholim, Salcete and Tiswadi areas these plots have been declared as enemy properties are worth above Rs 100 crore. The total valuation of enemy property across the country is above 1 lac crore, confirmed by the sources.

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Enemy property content first came to pass in the year of 2010. The government has passed a regulation to reinforce the law. Though, Singh left without the disagreement of some MPs that the bill was against “natural justice” and “human rights”, conditioning that Pakistan had detained the properties of Indian citizens and it was only accepted that the property of those who migrated to Pakistan wouldn’t be given back.

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