Powers of Custodian In respect of enemy property vested in him
Section 8 of the Enemy Property Act, 1968 deals with powers of Custodian In respect of enemy property vested in him. With respect to the property vested in the Custodian under this Act, the Custodian may take or authorise the taking of such measures as he considers necessary or expedient for preserving such property till it is disposed of in accordance with the provisions of this Act.] (2) Without prejudice to the The Act came into force on 10 Jul 1968.
1[(1) With respect to the property vested in the Custodian under this Act, the Custodian may take or authorise the taking of such measures as he considers necessary or expedient for preserving such property till it is disposed of in accordance with the provisions of this Act.]
(2) Without prejudice to the generality of the foregoing provision, the Custodian or such person as may be specifically authorised by him in this behalf, may, for the said purpose,
(i) carry on the business of the enemy;
2[(ia) fix and collect the rent, standard rent, lease rent, licence fee or usage charges, as the case may be, in respect of enemy property;]
(ii) take action for recovering any money due to the enemy;
(iii) make any contract and execute any document in the name and on behalf of the enemy;
(iv) institute, defend or continue any suit or other legal proceeding, refer any dispute to arbitration and compromise any debts, claims or liabilities;
3[(iva) secure vacant possession of the enemy property by evicting the unauthorised or illegal occupant or trespasser and remove unauthorised or illegal constructions, if any].
(v) raise on the security of the property such loans as may be necessary;
(vi) incur out of the property any expenditure including the payment of any taxes, duties, cesses and rates to Government or to any local authority and of any wages, salaries, pensions, provident fund contributions to, or in respect of, any employee of the enemy and the repayment of any debts due by the enemy to persons other than enemies;
(vii) transfer by way of sale, mortgage or lease or otherwise dispose of any of the properties;
(viii) invest any moneys held by him on behalf of enemies for the purchase of Treasury Bills or such other Government securities as may be approved by the Central Government for the purpose;
(ix) make payments to the enemy and his dependents;
(x) make payments on behalf of the enemy to persons other than those who are enemies, of dues outstanding on the 25th October, 1962 4[or on the 3rd December, 1971]; and
(xi) make such other payments out of the funds of the enemy as may be directed by the Central Government.
Explanation.In this sub-section and in sections 10 and 17, enemy includes an enemy subject and an enemy firm.
Section 8, 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.8 Custodian powers: vesting is limited to possession, management and control — not title — so Custodian cannot retain property that has ceased to be enemy property (Raja Amir, SC).
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Shamim Akhtar vs Iqbal Ahmad
Court's Decision & Legal Precedent
A tenant cannot escape eviction proceedings under the Uttar Pradesh Urban Buildings Act, 1972 merely by denying the landlord's title to the property. The question of title can be considered incidentally by the Small Causes Court in eviction proceedings without requiring final determination of ownership. The relief of eviction does not depend upon final determination of title but upon whether the plaintiff's case that she is the landlady is accepted or not. Denial of the landlord's title by the tenant is itself a ground for eviction under Section 20(2)(f) of the Act. Objections based on the Enemy Property Act, 1968 and the Evacuee Property Act, 1950 are not maintainable unless the competent authority has duly declared the property as enemy or evacuee property in a constituted proceeding.
On this section: The respondent raised a contention that the suit was barred under this section. The Court held that no material was placed on record to show that the property had been declared as enemy property by the competent authority.
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
3 instruments name this provision in its title or its text without being made under it.
- Procedure and Mechanism for Disposal of Immovable Enemy Properties Order 2020Order 2020
- 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, 2018Rule 2018
- Enemy Property Rule, 2015Rule 2015
Questions about Section 8
What have the courts held on Section 8 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.8 Custodian powers: vesting is limited to possession, management and control — not title — so Custodian cannot retain property that has ceased to be enemy property (Raja Amir, SC). Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2000 to 2005.
How do I find court cases under Section 8 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 8, section 8 Enemy Property Act 1968, section 8 of the Enemy Property Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are 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 8 of the Enemy Property Act, and has it changed?
Its own text turns on section 10 (Transfer of securities belonging to an enemy), section 17 (Levy of fees), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. 3 instruments name it without being made under it, most recently Procedure and Mechanism for Disposal of Immovable Enemy Properties Order 2020 (2020), then 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 8 of the Enemy Property Act come into force?
Section 8 of the Enemy Property Act, cited as Enemy Property Act 1968 8, 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 20 Oct 2026. This page is not a substitute for legal advice.