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Vested Property: What it means

Vested property refers to the properties that had been vested in the hands of the Government
because the owners of those properties were declared enemies of the state. The Vested Property
in Bangladesh, before the independence of Bangladesh in 1971, was known as the Enemy
Property.
Background:
After the outbreak of the Indo-Pak War, 1965 an allegation was made that the Hindus of this
country were sending wealth to India and therefore the Pakistan Govt issued the Defence of
Pakistan Ordinance, 1965.
Governing laws:
The Defence of Pakistan Ordinance, 1965 and
The Defence of Pakistan Rules, 1965
Result:
According to Rule 182 of the Defence of Pakistan Rules, 1965
The properties of those Pakistani citizens who
stayed in India on 6th December, 1965 OR
migrated to India from 6th December, 1965 to 16th February, 1969
were declared enemy properties.
No person could transfer any land, building or movable property so vested in the deputy custodian,
by sale, exchange, gift, will, mortgage, lease, sub-lease or any other manner or transfer land, building
or movable property from this date.
The custodian and the deputy custodian were empowered to manage and protect the property by
granting lease on an annual basis

Enemy property turned in to vested property:


In 1974 (by the Vested and Non-Resident Property (Administration) Act (XLVI of 1974)) enemy
properties were declared vested properties i.e. vested absolutely in the Government.
Latest laws
The Vested Properties Return Act, 2001
The Vested Properties Return (Amendment) Act, 2011
By the enactment of the latest laws, the Govt has decided to establish special tribunals to solve
the problems of vested property.

Khatian is a Persian word, meaning a written document. In its technical sense, khatian
means a written document where particulars of land ownership are mentioned. It is the
outcome of a survey conducted by the Govt.
So far several surveys have been conducted under different statutes. A brief sketch of
those surveys is given below:

PSR: Zamindari was introduced without conducting a proper survey under any statute.
BT Act: >>>>>>>>>>>>>>>>>>
Cadestal Survey
Revisional Survey
SAT Act
State Acquisition Survey
Pakistan Survey
Bangladesh Survey [details from MA Malek: Khatian]
Presumption as to correctness of record of rights (Section 144A)
Every entry in a record-of-rights prepared or revised under section 144 shall be presumed
to be correct until it is proved by evidence to be incorrect.
Procedure for Correction of the Record-of-Rights (Section 143C)
The Revenue-officer shall
open a file for mutation of record-of rights and
shall issue notice to the co-sharers of the holding for mutation.
For this purpose the Revenue-officer shall fix a date for objection if any. If no objection is
raised within the stipulated period, the Revenue-officer shall correct the record-of-rights
accordingly.
If any objection is filed by any co-sharer of the holding, then the Revenue-officer shall
fix a date for hearing both the parties, and after hearing, the Revenue-officer shall pass an
order stating the reasons thereof, and the record-of-rights shall be corrected accordingly.