Bombay HC Rejects Enemy Property Claim for want of Evidence
Enemy Property Act, 1968,
Bombay HC Rejects Enemy Property Claim without Evidence
Enemy Property Custodian Overreach Curbed – Bombay HC Demands Proof of Nationality before declaring and vesting Enemy Property
Citizenship and Migration must be proved and not presumed for declaration of enemy property
The property survey no.157/4 of 15,948 sq.mts at Margao, Goa, was purchased by Husseimbhai Ramjee in 1944 and it was transferred to Badruddin Mavani by three Gift Deeds.
Thus, the property travelled from Baddrudin Mavani resident of Margao born on 17.3.1923 to Hussenbhai Ramjee and Sanguinavai Nirali, his birth being registered on 1.5.1944.
Badruddin executed PoA and the said property was divided in 31 smaller plots. PoA executed agreement for sale with developer and the housing society was registered
On 12.12.1997 the Custodian of Enemy Property sent letters to the owners that the property owned by them was owned by Pakistani National Badruddin Hussenbhai Ramjee Mavani and Government Notification dated 10.9.1965 and S.O. No.5511 dated 18.12.1971 under the Defence of India Rules, 1971, the properties belonged to or held by or managed on behalf of a Pakistani national and in terms of Section 5 of the Enemy Property Act, 1968, vest in the Custodian.
On 8.10.2010, the Order was passed under Sections 5 and 24 of 1968 Act with reference to the Notification dated 10.9.1965 and the Enemy Property (Amendment) Act dated 27.9.1977 declaring that all movable and immovable properties belonging to or to be held or managed on behalf of Pakistani Nationals during the vesting crucial period has vested in the Custodian of Enemy Property for India and continued to remain vested under Sections 5 and 24 of the said Act.
HELD that it is necessary to establish that Badruddin Mavani was a Pakistani National to declare a property as enemy property. Merely making an averment that he migrated to Pakistan without any proof, is not sufficient to declare the property as enemy property. He was born in Goa. Just because there is a citation in the law report in his name is not proof that he was a Pakistani National. Even there is no proof that he had subsequently migrated to Pakistan. In fact, he had executed two Power of Attorney in 1970 and 1971 for transfer of properties.
Judgment dated 22.9.2025 of the High Court of Bombay at Goa in Writ Petition No.903 of 2025 (FILING) of Lotus Classique Housing Society and others Vs. Union of India and others
