Issue of certificate by Custodian
Section 5A of the Enemy Property Act, 1968 deals with issue of certificate by Custodian. The Custodian may, after making such inquiry as he deems necessary, by order, declare that the property of the enemy or the enemy subject or the enemy firm described in the order, vests in him under this Act and issue a certificate to this effect and such certificate shall be the evidence of the fac The Act came into force on 10 Jul 1968.
1[5A. Issue of certificate by Custodian. —The Custodian may, after making such inquiry as he deems necessary, by order, declare that the property of the enemy or the enemy subject or the enemy firm described in the order, vests in him under this Act and issue a certificate to this effect and such certificate shall be the evidence of the facts stated therein.]
Section 5A, The Enemy Property Act, 1968 (Act 34 of 1968).
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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Mohammed Janullah Sheriff v. The Custodian of Enemy Property for India & Ors.
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.5A Custodian certificate — cannot be deployed to certify/reassert enemy-property status over land already transferred under a verified Evacuee Interest (Separation) Act sale.
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 5A
What have the courts held on Section 5A 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.5A Custodian certificate — cannot be deployed to certify/reassert enemy-property status over land already transferred under a verified Evacuee Interest (Separation) Act sale.
How do I find court cases under Section 5A 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 5A, section 5A Enemy Property Act 1968, section 5A 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 5A of the Enemy Property Act, and has it changed?
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 5A of the Enemy Property Act come into force?
Section 5A of the Enemy Property Act, cited as Enemy Property Act 1968 5A, 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 15 Oct 2026. This page is not a substitute for legal advice.