The Bombay High Court is faced with a piquant case. A Pakistani turned US citizen has laid claim on the property her family left behind during the Partition.
Pakistani turned US citizen lays claim to property left behind during Partition
The Bombay High Court is faced with a piquant case. A Pakistani turned US citizen has laid claim on the property her family left behind during the Partition.
Thrity Master, a California resident, has now urged the court to transfer her property in ‘Sohrab House’ in Colaba back to her as she has ceased to be a Pakistani citizen since 2000.
Under the Defence of India Rules, 1962 and 1971, all properties belonging to or held by or managed on behalf of Pakistani nationals during the crucial vesting period from 1965 to 1977 were handed over to the custodian of enemy properties and stayed in its custody as under the Enemy Property Act, 1968.
In 1938, a trust agreement was made between Sorabji Dubash, who stayed with his family in Karachi post India-Pakistan partition, and Bai Mithibai who owned the property.
After their demise the property was inherited by Master and her two sisters. However, in 1957 the Centbank Financial and Custodial Services was appointed as the sole trustee to the property and in the September of 1965, it was vested with the custody of Enemy Properties.
Master, who became a US citizen on October 5, 2000, moved the high court in August, 2001, saying that she no longer come under the ambit of the Enemy Property Act.
In 2003, the court had directed the ministry of commerce and industries to give Master a hearing and take a decision accordingly.
However, Master moved the court again after the ministry rejected her application allegedly without giving her a hearing.
Now, Master in her plea has urged the court to restrain the custodian from creating any third-party interest, call for records pertaining to the ownership of the property and hand over the property to her.
An affidavit filed on behalf of the custodian and the centre, however, says that at the time the property was vested with the custodian both the settler and the beneficiary were Pakistani nationals.
And according the Act, the custodian had the power to sublet and lease the property to cover repair and water charges of the property.
Arguing on behalf of the custodian and the centre, advocate Rajeev Chavan told the court on Monday that although Master was a US citizen, the other two beneficiaries, her sisters, were still Pakistani nationals.
The hearing will continue today.
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