Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 28 APRIL 2023

Market Intelligence Thought Leadership Award Winner

Disposal And Monetization Of Enemy Property In India

Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
Contributor
Shardul Amarchand Mangaldas & Co

Shardul Amarchand Mangaldas & Co

Founded on a century of legal achievements, Shardul Amarchand Mangaldas & Co (SAM & Co) was born...

View firm profile
Explore more from Shardul Amarchand Mangaldas & Co

As per the Enemy Property Act, 1968, ‘enemy property' means any property belonging to or held or managed on behalf of an ‘enemy', being a person or country who or which was an enemy ...

IndiaReal Estate and Construction
Bhoumick Vaidya
Bhoumick Vaidya
Harshini Kotecha
Harshini Kotecha
Author LinkedIn connections

As per the Enemy Property Act, 1968, 'enemy property' means any property belonging to or held or managed on behalf of an 'enemy', being a person or country who or which was an enemy and includes all rights, titles and interest in, or any benefit arising out of such property. Further, notwithstanding that the enemy has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of India or the citizen of a country which is not an enemy, such property shall continue and always be deemed to be continued as an 'enemy property'.

The enemy properties are vested in the Custodian of Enemy Property for India.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Litigation Update | Supreme Court Upholds Occupants' Rights In Redevelopment Projects, Reinstates Mhada Orders For Permanent Alternate Accommodation

The Supreme Court of India has delivered a landmark ruling in a redevelopment dispute, firmly establishing that Permanent Alternate Accommodation Agreements executed under the Maharashtra Housing and Area Development Act are statutory instruments, not mere private contracts. This decision addresses critical questions about developer obligations, occupant rights, and regulatory authority when redevelopment projects fail to honor commitments made to original tenants.
IndiaReal Estate and Construction
Mansukhlal Hiralal & Company
Mansukhlal Hiralal & Company
Article

The IBC Amendment Act, 2026: Reshaping Real Estate Insolvency

The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (‘Amendment Act’), which amends the Insolvency and Bankruptcy Code, 2016 (‘Code’), received Presidential assent on April 6, 2026. Most amendments took effect on May 26, 2026. However, three significant mechanisms the accelerated admission deadline, creditor-initiated resolution, and group insolvency have been enacted but have not yet come into force and will take effect only upon the issuance of a commencement notification by the Central Government under the applicable provisions of the Code.
IndiaInsolvency/Bankruptcy/Re-Structuring
Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
Article

No GST On Assignment Of Industrial Leasehold Rights: Bombay High Court Grants Relief To Industrial Lessees Holding MIDC Plots

In Aerocom Cushions Private Limited v. Assistant Commissioner (Anti-Evasion), CGST & CX, Nagpur-1, the Nagpur Bench of the Bombay High Court quashed a Show Cause Notice demanding Goods and Services Tax (“GST”) on the assignment of leasehold rights in an industrial plot allotted by the Maharashtra Industrial Development Corporation (“MIDC”). The Court held that such an assignment constitutes a transfer of benefits arising out of immovable property and does not amount to a “supply of service” under the Central Goods and Services Tax Act, 2017 (“CGST Act”).
IndiaTax
Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
Article

From Beneficiary To Promoter: The Bombay High Court On Housing Society Liability Under RERA

The Real Estate (Regulation and Development) Act, 2016 (“RERA”) was enacted to protect homebuyers and promote transparency and accountability in the real estate sector. A key feature of the Act is the definition of “Promoter” under Section 2(zk), as it determines the persons or entities that bear statutory obligations and liabilities towards homebuyers.
IndiaReal Estate and Construction
Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co