Bollywood actor Saif Ali Khan has been in the spotlight for a while now. He may have been discharged and on the road to recovery after a knife attack, but his woes are far from over. Latest reports suggest that properties worth an estimated Rs 150 billion owned by the Pataudi family, with a partial link to Saif Ali Khan, could be taken over by the Indian government under the Enemy Property Act, 1968.
In 2019, the Madhya Pradesh High Court lifted the stay imposed on these properties. Some of these properties in the ruling included Saif’s childhood home Flag Staff House, the Noor-Us-Sabah Palace, Dar-Us-Salam, Bungalow of Habibi, Ahmedabad Palace, Kohefiza Property, among others. Now, the government may seize these properties under the Enemy Property Act that allows the government to take over properties belonging to persons who migrated to Pakistan after the Partition.
What is the Enemy Property Act, 1968?
The Enemy Property Act, 1968 gives the government the power to claim properties owned by those who migrated to Pakistan after Partition. Following the India-Pakistan wars of 1965 and 1971, many migrated from India to Pakistan, leaving behind their ancestral property.
The Defence of India Act, 1962, states that the Indian government can take over properties and companies of individuals who took Pakistani nationality.
The central government vested these “enemy properties” in the Custodian of Enemy Property for India. This was also done on the properties left by those who migrated to China after the 1962 Sino-Indian war.
The Enemy Property Act, 1968, was amended in 2017. The amended act now expands the definition of “enemy subject” to include the enemy’s legal heir and successor “whether or not a citizen of India or the citizen of a country which is not an enemy or the enemy, enemy subject or his legal heir and successor who has changed his nationality."
How is the Pataudi family's property linked to the Enemy Property Act?
Bhopal's last Nawab was Hamidullah Khan when India gained independence from British rule in 1947. He had three daughters. His eldest, Abida Sultan, migrated to Pakistan in 1950.
The second daughter, Sajida Sultan, remained in India, and was married to Nawab Iftikhar Ali Khan Pataudi- the Nawab of Pataudi, Haryana. Sajida became the legal heir after her father's death. Sajida's son was former cricketer Mansoor Ali Khan Pataudi. His son Saif Ali Khan, the grandson of Sajida, inherited a share of the properties.
In 2014, the Custodian of the Enemy Property Department declared the Pataudi family’s properties in Bhopal as “enemy property”.
The government argued that Abida Sultan, Sajida's elder sister, had migrated to Pakistan, and hence the properties could be termed as "enemy property."
The dispute over the Pataudi family property was fuelled further after a 2016 ordinance by the Indian government stated that heirs would not have any right over the property.
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The Pataudi family moved the MP High Court in 2015 against the Custodian’s notice declaring the Pataudi family’s properties as “enemy property”. The HC put a stay on the property at the time, but in 2019, recognised Sajida Sultan as the legal heir.
However, last month, the High Court dismissed Saif’s petition.
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Who owns the Pataudi Palace?
Saif is also the legal heir to the Pataudi Palace. Earlier the palace was leased out to a hotel chain.
“My father leased it out and Francis (Wacziarg) and Aman (Nath), who ran a hotel there took good care of the property. My mother (Sharmila Tagore) has a cottage there and she was always very comfortable,” Saif had said in an earlier interview. “It was a fair financial arrangement and contrary to reports, I did not have to buy it back because I already owned it,” Saif said in an interview with Bollywood Hungama in 2021.
Saif now uses the palace as a summer home and often leases it out for the purpose of film shooting.
In a recent interview with Housing.com, his sister Soha shared some more insights about the palace’s history, and said that Saif is the one who owns it. Soha revealed that her grandmother, Sajida Sultan, was the begum of Bhopal, and her grandfather was the nawab of Pataudi.
He loved her for many years but hadn’t been allowed to marry her by her father. “The Pataudi Palace was built to impress his father-in-law.” Soha added, “He built it in 1935 so that they could get married. He wanted to impress his father-in-law but halfway through building it, he ran out of money! So when you go there, you will see there are lots of carpets and some of them have marble floors underneath, but a lot of them have just normal cement, because he ran out of money.”
Saif Ali Khan has so far not reacted to the new court ruling that may lead to the seizure of some of his property. Khan has been recovering after a knife attack that took place at his Mumbai residence on January 16 when an attacker tried to flee after a failed attempt at burglary.
Saif got into a scuffle in the process, and was stabbed by the intruder.