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VIVEK PANDEY   08 December 2017

Purchased a house in 1999 now belonging to enemy property due to retrospective nature of enemy property act

In 1999, I purchased a dilapidated house from a person who got the house from a person who migrated to pakistan after partition. I missed out Dakhil Khariz at that time and I was under oblivion that registry is done and i did not know about the mutation or dakhil khariz. I got house number from municipality, constructed the house, got mutation done in municipality on the basis of registry papers and paying nagar nigam tax since then. This month when I went out to sell the property, the advocate of the bank from whom buyer intends to take loan asked me for khasra number which was alien to me. When I enquired into it i got to know that I missed out Dakhil Khariz while I purchased the house and the computerized record is showing the name of the previous owner with "Enemy property" written in Khasra. In 2017 under enemy property act, it seems to me that govt can take the enemy property retrospectively from back date even if purchased by some other person legally at that time. The current situation is that I have registry papers with me but Dakhil Khariz is not done. (The only mutation done is in nagar nigam) Please suggest me what will happen here. Will goverment confiscate my property? And what alternative if any I have. And whether I can sell the property or not.


Learning

 2 Replies

bhagwat patil (Property due diligence 9422773303)     24 January 2018

You have to take permission of CUSTODIAN of enemies propertThe Custodian of Enemy Property for India is an Indian government department that is empowered to appropriate property in India owned by Pakistani nationals. After the Indo-Pakistani War of 1965, the Enemy Property Act was promulgated in 1968.

Krishnapur Ananth Nagamani (Advocate)     21 April 2018

best solution in your circumstances is to ask every willing legal heir to relinquish their share; each relinquishment comes to the main kitty; then only few legal heirs will be left behind; u have to deal with lesser number of interested heirs that way. each relinquishment deed must be registered in the citus of property preferably; but they can do so whereever they are present; alternately they can make registered power of attorney in their place of residence as per S. 33 of Registration Act and post the power of attorney to their attorney. They can authorise him to relinquish or adjust in any other manner such as gift their share to your mother; local lawyer will assist them. complete schedule of the property must be provided in the deed itself.


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