Saif Ali Khan’s Property Declared As “Enemy Property”- A Simple Legal View

In a legal dispute between the family of the actor Saif Ali Khan and the government of Madhya Pradesh, some properties of the family have been declared as enemy properties.

Saif Ali Khan had challenged the decision of the government in the Madhya Pradesh High Court in the year 2015.

The said properties in question include the Flag Staff House and Noor-Us-Sabah Palace situated in Bhopal. The legal battle has continued for years now, where the previous rulings were in the favour of  Saif and his family recognising them as legal heirs. But now the recent High Court ruling has overturned the decisions of the lower Courts classifying the property in question as enemy property. The decision came as a significant setback for Saif Ali Khan, thus continuing a long-standing legal dispute over the inheritance of the ancestral property of the Pataudi family in Bhopal.

What Is “Enemy Property”?

After the wars with Pakistan (1965) and China (1962), the Government of India passed a law, the Enemy Property Act, 1968.
As per the new legislation, if someone after leaving India became a citizen of an enemy country, like Pakistan, their property in India, in that case shall be taken over by the Government of India. 

In 2017, further changes were introduced in the legislation as well, making it stricter-

• Legal heirs (like children or grandchildren) of such individuals shall not be able to claim the property.
• The property shall be owned by the government permanently.

Saif Ali Khan and the Royal Family of Bhopal and the Controversy

Saif Ali Khan is the descendant of the royal families of Bhopal and Pataudi. His grandmother, Sajida Sultan, was daughter of Nawab Hamidullah Khan, the last ruler of Bhopal. However, the controversy starts with his legal heir-

• Nawab Hamidullah Khan had three daughters.
• Eldest daughter, Abida Sultan, moved to Pakistan and became a citizen there in the year 1950.
• As Abida Sultan was the eldest, the Government believed her to be the legal heir of the property.
• As Abida Sultan later became a Pakistani citizen, property owned by her became enemy property. 
• Sajida Sultan, grandmother of Saif Ali Khan, was later named the ruler of Bhopal after the death of her father, but things were complicated after Abida’s migration.

About the Court Case

• 2014: The Bhopal Royal Properties were officially declared as enemy property. 

• 2015: Saif’s family filed a case in the court against the decision of the Government, claiming that Abida Sultan had abdicated and that Saif’s Grandmother was accepted as the legal heir by the Government post independence. A temporary stay was allowed by the Court, putting the government action on hold. 

• June 2025: The stay was lifted by the MP High Court, thereby allowing the government to take action on the said property.

• The High Court further ordered a fresh trial to be initiated so as to decide upon the legal heir.

What Does Enemy Property Act Say- 

Changes introduced in 2017 to the law-

• Though Saif is an Indian citizen, he will not be able to inherit property from such relative who became a Pakistani citizen.
• The said law shall be applicable no matter how much time has passed or even if  the original owner had never used the land again.

Conclusion

The present case started as Saif Ali Khan’s great-aunt, Abida Sultan, heir to the Nawab of Bhopal, moved to Pakistan over 70 years ago becoming a citizen there.
According to the Enemy Property Act heirs to such property won’t be allowed to inherit such properties, even when they are Indian citizens.

Recent order by the High Court has now made it harder for Saif’s family to claim their ancestral properties. Though the Court has ordered the parties to start the case anew, so as to decide upon the status of the property. 

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