Transfer of property vested as enemy property in certain cases
Section 18 of the Enemy Property Act, 1968 deals with transfer of property vested as enemy property in certain cases. The Central Government may, on receipt of a representation from a person, aggrieved by an order vesting a property as enemy property in the Custodian within a period of thirty days from the date of receipt of such order or from the date of its publication in the Official Gazette, whichever is earlie The Act came into force on 10 Jul 1968.
1[18. Transfer of property vested as enemy property in certain cases.—The Central Government may, on receipt of a representation from a person, aggrieved by an order vesting a property as enemy property in the Custodian within a period of thirty days from the date of receipt of such order or from the date of its publication in the Official Gazette, whichever is earlier and after giving a reasonable opportunity of being heard, if it is of the opinion that any enemy property vested in the Custodian under this Act and remaining with him was not an enemy property, it may by general or special order, direct the Custodian that such property vested as enemy property in the Custodian may be transferred to the person from whom such property was acquired and vested in the Custodian.]
Section 18, The Enemy Property Act, 1968 (Act 34 of 1968).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Union of India v. Raja Mohammed Amir Mohammad Khan
Court's Decision & Legal Precedent
Judgment order-16.pdf 2005-10-21 DATE VERIFIED (get_order_ai_analysis). Reportable SC: Enemy Property Act — s.2(b)/(c) Indian-citizen heir is not an enemy; property inherited by an Indian citizen ceases to be enemy property; Custodian vesting under ss.6/8 is limited to possession/management/control not title; Court may order return (s.18 context). Map 2, 8, 18. Prefer this merits Judgment over later IA order-47.pdf (2010).
On this section: Enemy Property Act s.18 transfer/divesting context: Court may order return of property that has ceased to be enemy property to the Indian-citizen heir (Raja Amir, SC).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 18
What have the courts held on Section 18 of the Enemy Property Act?
Union of India v. Raja Mohammed Amir Mohammad Khan (21 Oct 2005) is the leading judgment on this section among those set out below: Enemy Property Act s.18 transfer/divesting context: Court may order return of property that has ceased to be enemy property to the Indian-citizen heir (Raja Amir, SC).
How do I find court cases under Section 18 of the Enemy Property Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Enemy Property Act 1968 18, section 18 Enemy Property Act 1968, section 18 of the Enemy Property Act. People searching for it also type section 18 of enemy property act 1968. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Union of India v. Raja Mohammed Amir Mohammad Khan (21 Oct 2005).
What should I read with Section 18 of the Enemy Property Act, and has it changed?
3 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently Enemy Property (Amendment) Rules, 2018, Transfer of Proepry (Vested as Enemy Proeprty in the Custodian) Order, 2018 and Guidelines for Disposal of Enemy Proeprty Order, 2018 (2018).
When did Section 18 of the Enemy Property Act come into force?
Section 18 of the Enemy Property Act, cited as Enemy Property Act 1968 18, came into force on 10 Jul 1968, having been enacted on 20 Aug 1968. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.