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s m alim (doctor)     20 June 2024

Is this enemy property or not?

Hello respected lawyers 

My grandfather live in up badaun. He has three son including my father . After partition indo pak one elder brother of my father mygrate to Pak . But not my grandfather and father and his younger brother. In 1977 when the elder brother comes to India my grandfather make will that the house in which they are living will be given to my father and both of my father brother signed that they don't want any share in that property.

After few years my grandfather went to Pak for meeting to his elder son but unfortunately died their.

Now it is almost more than 50 years that property is under our custody and my father also died 4 year back without making will of that property.

Now one month back someone is saying that my property is enemy property and he also give written application to concerned authority for checking.

Till now I have no notice issued by them.

My question is that if any notice come to me what should I do.

Is this property is enemy propertt or not 



 5 Replies

P. Venu (Advocate)     20 June 2024

This is a repeated query. Anyhow, any suggestion depends upon the contents of the Notice as and when received.

1 Like

s m alim (doctor)     20 June 2024


T. Kalaiselvan, Advocate (Advocate)     20 June 2024

Yes, he approached this forum with the same question in a different thread, he can visit that thread to know more answers to his query

1 Like

s m alim (doctor)     20 June 2024

Yes this is repeated query in more detail so that I got my answer soon

P. Venu (Advocate)     30 June 2024

The Kerala High Court has held, recently, in  WP(C) 9978/ 2023 (P. Ummer Koya v State of Kerala and Others) that Merely Because A Person Worked In Pakistan Doesn't Make Him An 'Enemy' Under Rule 130 Of Defence Of India Rules.

The Supreme Court had dealt with various as aspects of the Enemy Property Act in the case of Union Of India & Another vs Raja Mohammed Amir Mohammad [Appeal (civil) 2501 of 2002]

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