Madhya Pradesh High Court Lifts Stay on Pataudi Properties
Pavitra Shetty
Published on January 23, 2025, 16:08:52
The Madhya Pradesh High Court has lifted a 2015 stay on the Pataudi family’s properties, paving the way for their potential government acquisition under the Enemy Property Act, 1968. The historical properties, estimated to be worth ₹15,000 crore, include prominent sites such as Flag Staff House, Noor-Us-Sabah Palace, Dar-Us-Salam, and more.
The Enemy Property Act permits the central government to seize properties owned by individuals who migrated to Pakistan or China during times of conflict. The law was further amended in 2017 to nullify inheritance claims and ensure these properties remain under government control.
Hamidullah Khan, the last Nawab of Bhopal, had three daughters. His eldest, Abida Sultan, moved to Pakistan in 1950. The second daughter, Sajida Sultan, stayed in India, inheriting the family’s properties. Her grandson, Bollywood actor Saif Ali Khan, received a share of these assets. However, the government bases its claim on Abida Sultan's migration, designating the properties as "enemy property."
The properties in question include Saif Ali Khan’s childhood home, the Flag Staff House, the luxury hotel Noor-Us-Sabah Palace, Dar-Us-Salam, Ahmedabad Palace, and Kohefiza Property. Saif has been contesting the government's classification of these assets as enemy property since 2014.
Despite a 2019 court ruling acknowledging Sajida Sultan as the rightful heir, the recent High Court decision allows the government to proceed with the case. Justice Vivek Agarwal directed the involved parties to file representations within 30 days under the amended Enemy Property Act.
The potential government takeover has left approximately 1.5 lakh residents concerned about eviction. Kaushalendra Vikram Singh, the Bhopal collector, has announced a review of ownership records spanning 72 years to determine tenancy under state leasing laws.
While the stay has been lifted, legal experts, including Sumer Khan, believe the Pataudi family still has grounds for appeal. The process of merging these properties under the Enemy Property Act is anticipated to be complex.
The Enemy Property Act and its 2017 amendment expanded the scope of “enemy” to include legal heirs of individuals who migrated to enemy nations, irrespective of their nationality. Critics argue the law infringes on property rights, but supporters emphasize its role in protecting national interests.
Similar disputes, such as the Raja of Mahmudabad’s case, have highlighted the challenges in balancing inheritance rights with national laws. The 2016 ordinance clarified that enemy properties remain permanently vested with the Custodian, negating inheritance claims even for Indian citizens.
The central government manages over 9,400 enemy properties in India, valued at approximately ₹1 lakh crore. Guidelines for their disposal include valuation by district magistrates and recommendations from an Enemy Property Disposal Committee. Vacant properties may be auctioned, while occupied ones could be offered to tenants at a predetermined value.
The Pataudi family’s properties remain embroiled in legal and bureaucratic complexities. Saif Ali Khan, recuperating from a recent knife attack, has yet to confirm whether he has approached the appellate authority as directed by the court.
The outcome of this case will not only determine the fate of these iconic properties but also set a precedent for other enemy property disputes across India.
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