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14
March 2017
The Lok
Sabha on Tuesday passed a bill to amend a 49-year-old law to guard against
claims of succession or transfer by heirs of property left behind by those who
migrated to Pakistan and China.
The
Enemy Property (Amendment and Validation) Bill, 2016, which was passed by the
Rajya Sabha on March 10 at a time when the opposition benches were almost
vacant, was passed by the Lower House with voice vote. The Total Investment & Insurance Solutions
The
bill had earlier been passed by the Lok Sabha in March last year. It had to be
taken up by the House again to approve the amendments made to the bill by the
Rajya Sabha.
The
bill amends the Enemy Property Act, 1968, to vest all rights, titles and
interests over enemy property in the custodian and declares transfer of property
by the enemy as void.
This
applies retrospectively to all transfers that have occurred after the Act was
passed.
One of
the controversial provisions of the bill is that it amends the definition of
"enemy" and "enemy subject" to include the legal heir(s) or
successor(s) of the enemy, even if the latter is a citizen of India or a
non-enemy country. The Total Investment
& Insurance Solutions
According
to the new bill, the law of succession will not apply to the legal heir(s) or
successor(s) of the enemy. The Total
Investment & Insurance Solutions
The
bill also prohibits civil courts and other authorities from entertaining
disputes related to enemy property.The
Total Investment & Insurance Solutions
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