Section5
The Enemy Property Act, 1968

Property vested in the Custodian of Enemy property for India under the Defence of India Rules, 1962, to continue to vest in Custodian

In force From 10 Jul 1968 Act 34 of 1968 As on 14 Oct 2026

Act 34 of 1968 Ministry Home Affairs Enacted 20 Aug 1968 In force 10 Jul 1968 Cited by 1 provision Instruments 2

Section 5 of the Enemy Property Act, 1968 deals with property vested in the Custodian of Enemy property for India under the Defence of India Rules, 1962, to continue to vest in Custodian. ] Notwithstanding the expiration of the Defence of India Act, 1962 (51 of 1962), and the Defence of India Rules, 1962, all enemy property vested before such expiration in the Custodian of Enemy Property for India appointed under the said Rules and continuing to vest in him immediately before the com The Act came into force on 10 Jul 1968.

1 [(1)] Notwithstanding the expiration of the Defence of India Act, 1962 (51 of 1962), and the Defence of India Rules, 1962, all enemy property vested before such expiration in the Custodian of Enemy Property for India appointed under the said Rules and continuing to vest in him immediately before the commencement of this Act, shall, as from such commencement, vest in the Custodian.

2 [(2) Notwithstanding the expiration of the Defence of India Act, 1971 (12 of 1971) and the Defence of India Rules, 1971, all enemy property vested before such expiration in the Custodian of Enemy Property for India appointed under the said Rules and continuing to vest in him immediately before the commencement of the Enemy Property, (Amendment) Act, 1977 (40 of 1977) shall, as from such commencement, vest in the custodian.]

3[(3) The enemy property vested in the Custodian shall, notwithstanding that the enemy or the enemy subject or the enemy firm 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, continue to remain, save as otherwise provided in this Act, vested in the Custodian.

Explanation—.For the purposes of this sub-section, "enemy property vested in the Custodian" shall include and shall always be deemed to have been included all rights, titles, and interest in, or any benefit arising out of, such property vested in him under this Act.]

Section 5, 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.

Referred to by 1

  1. s. 22A Validation

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.

  1. Mohammed Janullah Sheriff v. The Custodian of Enemy Property for India & Ors.

    High Court 09 Jan 2024 Persuasive (Madras HC) — empty Enemy Property ss.5/5A: verified Evacuee Act sale certificate blocks Custodian re-vesting notice W.P.No.35790/2019; Final Order 09.01.2024; S.M. Subramaniam J. (Madras HC)

    Court's Decision & Legal Precedent

    DATE VERIFIED Final Order 09.01.2024 (order-6.pdf; body 'DATED : 09.01.2024' matches index): District Collector Form-4 notice under Enemy Property Rules 2015 r.4(3) claimed subject Perambur house vested in Custodian under Enemy Property Act ss.5, 5A and 12. Madras HC finds Collectorate records confirm 1955 public-auction Sale Certificate under Evacuee Interest (Separation) Act 1951 s.10 to petitioner's sister; sanctity verified. Holding: cannot re-invoke s.5 continued-vesting to treat already-sold property as enemy property — notice without jurisdiction quashed; WP allowed.

    On this section: s.5 continued vesting in Custodian — cannot be used to re-vest / re-label immovable property already sold under a verified Evacuee Interest (Separation) Act 1951 sale certificate.

    Read the full order on eCourts India

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

2 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 5

What have the courts held on Section 5 of the Enemy Property Act?

Mohammed Janullah Sheriff v. The Custodian of Enemy Property for India & Ors. (09 Jan 2024) is the leading judgment on this section among those set out below: s.5 continued vesting in Custodian — cannot be used to re-vest / re-label immovable property already sold under a verified Evacuee Interest (Separation) Act 1951 sale certificate.

How do I find court cases under Section 5 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 5, section 5 Enemy Property Act 1968, section 5 of the Enemy Property Act. 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 Mohammed Janullah Sheriff v. The Custodian of Enemy Property for India & Ors. (09 Jan 2024).

What should I read with Section 5 of the Enemy Property Act, and has it changed?

1 other provision in this corpus refers back to it. 2 instruments name 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), then Enemy Property Rule, 2015 (2015).

When did Section 5 of the Enemy Property Act come into force?

Section 5 of the Enemy Property Act, cited as Enemy Property Act 1968 5, 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.