Maharashtra's 428 enemy properties: stamp duty waived, but is the title clean?

Rules as of 13 October 2026.

Maharashtra has 428 "enemy properties", and in January 2026 its cabinet reportedly agreed to waive stamp duty and registration charges when they are sold. Cheaper paperwork is not the same as safer paperwork, though. Before anyone thinks of bidding, it helps to know who sells these properties, what the law says about old owners, and what the buyer still has to check.

What an "enemy property" is

These are properties left in India by people who moved to Pakistan or China after the wars of the 1960s, and which the Union government took over under the Enemy Property Act, 1968. They are held by the Custodian of Enemy Property for India (CEPI), an office under the Ministry of Home Affairs. They are not state land and not private land. The seller is the Custodian, acting for the Centre.

What was reported on stamp duty

Reports dated 28 January 2026 say the Maharashtra cabinet, at a meeting held that Tuesday, approved waiving stamp duty and registration charges on purchases of enemy property. Revenue officials were quoted as saying earlier auctions drew very little response and that CEPI had asked the state to make the process cheaper. One report gives the Maharashtra total as 428, with 239 in Mumbai (62 in the island city, 177 in the suburbs), 86 in Thane and 77 in Palghar. An October 2025 report had put the figure at 462, so the count has moved and you should ask for the current list.

Status: reported cabinet approval. We have not seen the government resolution or notification, so the exact scope, any conditions and the effective date are unconfirmed. Do not assume the waiver covers every cost, such as society transfer charges or later resale.

Does the buyer get a clean title?

The law is written to cut off the old owner's side of the story:

• Old owners cannot undo it. Section 6(1) of the Enemy Property Act (as amended in 2017) says an enemy, enemy subject or enemy firm has no right to transfer property vested in the Custodian, and any such transfer is void. The vesting continues even if the enemy dies, dissolves or changes nationality (section 5(3)).
• The Custodian can sell. Section 8A lets the Custodian dispose of such property by sale, with prior approval of the Central Government, even if a court order says otherwise. Proceeds go to the Consolidated Fund of India.
• Courts are fenced out. Section 18B says no civil court or authority can entertain a suit about such property, subject to the Act's other provisions. An appeal to the High Court lies within 60 days under section 18C.

The 2018 Guidelines for Disposal of Enemy Property add the process. A district valuation committee headed by the District Magistrate, with the Sub-Registrar and a public works engineer, values the property using circle rates and other methods. The Centre approves the sale. Vacant property can go by tender, e-mode or public auction to the highest price. For occupied property, the sitting occupier is the natural buyer, at a valuation-linked rate. On payment the Custodian issues a sale certificate.

So the legal wall against the previous owners' heirs is strong. What the statute cannot do is clear the ground in front of you. A flat or shop may have an occupant, a tenant or a dues history. Older buildings may have redevelopment, tax or society issues.

A worked example (illustrative)

Suppose a vacant commercial unit is won at auction for ₹1 crore. Assume, only for illustration, a combined stamp duty and registration cost of 6%, which is not the verified Maharashtra rate for this transaction. That would be about ₹6 lakh. If the waiver applies in full, the buyer saves that ₹6 lakh. If it covers only some charges, the saving is smaller. Ask the sub-registrar's office to confirm in writing what is waived before you bid.

Item	Illustrative amount
Winning bid	₹1,00,00,000
Assumed duty and fees (6%)	₹6,00,000
Cost without waiver	₹1,06,00,000
Cost with full waiver	₹1,00,00,000

Checklist before bidding

• Get the auction notice and confirm the seller is the Custodian or an authorised body.
• Ask for the valuation, the possession status and details of any occupant.
• Get the waiver in a notified order, not a news report.
• Check municipal dues, society records and any court or appeal pending under section 18C.
• Ask whether banks will lend against a sale certificate. Many may not.
• Have an advocate review the sale certificate and the chain of documents.

The bottom line

The statute does give a buyer strong protection against claims by the original owners' families. The stamp duty relief is reported, not yet seen in a notification. Everything else, from possession to dues to loans, still sits with the buyer.

This is general information, not legal or financial advice. Consult an advocate or CA before bidding.