Supreme Court of India · 2005-10-21
Union Of India & Another vs Raja Mohammed Amir Mohammad Khan
- Citation / case number
- AIR 2005 SUPREME COURT 4383
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Another
- Respondent
- Raja Mohammed Amir Mohammad Khan
- Bench
- Ashok Bhan, Altamas Kabir
Judgment text excerpt
The Supreme Court upheld the High Court's decision allowing the writ petition filed by Raja Mohammed Amir Mohammad Khan, asserting that the property of his deceased father, a former Pakistani national, should not continue to vest with the Custodian of Enemy Property after his death. The Court interpreted the Enemy Property Act, 1968, and the Defence of India Rules, 1962, emphasizing that the respondent, as an Indian citizen and sole heir under Section 22 of the Oudh Estates Act, 1869, was entitled to the property. The Court affirmed the High Court's directive for the return of the property to the respondent, thereby reinforcing the rights of legal heirs over enemy property.