India's Pataudi family properties worth Dh6.4 billion face government takeover under Enemy Property Act

Prominent include Flag Staff House where Saif Ali Khan spent his childhood

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Prominent properties under scrutiny include the Flag Staff House, where Saif Ali Khan spent his childhood, Noor-Us-Sabah Palace, Dar-Us-Salam, Bungalow of Habibi, Ahmedabad Palace, and the Kohefiza Property.
Prominent properties under scrutiny include the Flag Staff House, where Saif Ali Khan spent his childhood, Noor-Us-Sabah Palace, Dar-Us-Salam, Bungalow of Habibi, Ahmedabad Palace, and the Kohefiza Property.
ANI file

Dubai: The historical properties of the Pataudi family, valued at ₹15,000 crore (₹150 billion or Dh6.38 billion)) and linked to Bollywood actor Saif Ali Khan, are reportedly closer to government control.

On Wednesday, Indian media outlets reported that the Madhya Pradesh High Court lifted a 2015 stay on these properties, paving the way for their acquisition under the Enemy Property Act, 1968, according to NDTV.

Prominent properties under scrutiny include the Flag Staff House, where Saif Ali Khan spent his childhood, Noor-Us-Sabah Palace, Dar-Us-Salam, Bungalow of Habibi, Ahmedabad Palace, and the Kohefiza Property.

Delivering the judgment, Justice Vivek Agarwal highlighted the availability of a statutory remedy under the amended Enemy Property Act of 2017. He directed the concerned parties to file a representation within 30 days, stating, “If a representation is filed within 30 days from today, the appellate authority shall not advert to the aspect of limitation and shall deal with the appeal on its own merits.”

The Enemy Property Act allows the Indian government to claim properties belonging to individuals who migrated to Pakistan post-partition. The dispute centers on Bhopal’s last Nawab, Hamidullah Khan, who had three daughters. While his eldest, Abida Sultan, migrated to Pakistan in 1950, the second daughter, Sajida Sultan, stayed in India, married Nawab Iftikhar Ali Khan Pataudi, and became the legal heir.

Sajida’s grandson, Saif Ali Khan, inherited a share of these properties. However, Abida Sultan’s migration provided grounds for the government to classify the properties as “enemy property.” Although a 2019 court ruling recognized Sajida Sultan as the legal heir, the recent judgment has reignited the dispute.

  • What is the Enemy Property Act?

  • The Enemy Property Act, 1968, is a key Indian law enacted after the 1965 Indo-Pakistan war. It governs the management of properties left behind by individuals who migrated to enemy nations, specifically Pakistan and China, following conflicts.

  • Under this law, ownership of such properties is vested in the Custodian of Enemy Property for India, a government body responsible for managing these assets. Amendments made in 2017 expanded the definition of “enemy subjects” to include legal heirs, barring them from claiming ownership. These changes ensure such properties remain under government control, regardless of changes in nationality or inheritance claims.

Bhopal collector Kaushalendra Vikram Singh announced plans to examine the ownership records of these properties over the past 72 years. He stated that individuals residing on these lands might be considered tenants under state leasing laws.

The potential government takeover has left 1.5 lakh residents anxious, with fears of eviction growing as the government advances plans to survey and establish ownership.

“This process is complicated. The Pataudi family still has the right to appeal,” said Sumer Khan, a resident. Chand Mian expressed frustration, stating, “We pay taxes, but there’s no registry for our homes. The Nawab’s leases should still be valid.” Another resident, Naseem Khan, noted, “The government claims these properties, but many have been sold or leased over the years. This issue is far from straightforward.”

With legal avenues still open for the family, the future of these historical properties remains uncertain.

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