Bare Act
Thur Evacuee Interest (Separation) Act, 1951
The Evacuee Interest (Separation) Act, 1951, was enacted in the aftermath of the Partition of India to address complex property disputes involving "evacuees"—individuals who migrated to Pakistan, leaving behind assets in India. Many of these properties were "composite," meaning they were jointly owned by or mortgaged to individuals who remained in India. This Act provides a specialized administrative mechanism to untangle these interests. It empowers government-appointed Competent Officers to partition, sell, or settle these properties, ensuring that non-evacuee claimants receive their fair share or debt repayment while the Custodian manages the evacuee's portion, thereby providing legal certainty to property owners.
- 1. Short title and extent
- 2. Definitions
- 3. Act to over-ride other laws
- 4. Power to appoint competent officers
- 5. Jurisdiction of competent officers
- 6. Notice to submit claims
- 7. Submission of claims
- 8. Decision by competent officer
- 9. Certain relief in respect of mortgaged property of evacuees
- 10. Separation of the interests of evacuees from those of claimants in composite property
- 11. Vesting of evacuee interest in the Custodian free from encumbrances and payments, etc., to be valid discharge from all claims
- 12. Rights of claimants inter se and by other persons against claimants not to be affected
- 13. Power to appoint appellate officers
- 14. Appeals
- 15. Power of revision of the appellate officer
- 16. Provided that the appellate officer shall not pass an order under this section prejudicially to any person without giving him a reasonable opportunity of being heard.
- 17. Powers and procedure of competent officers and appellate officers
- 18. Finality of orders
- 19. Power to transfer cases
- 20. Jurisdiction of civil courts barred in certain matters
PDF: pending for this language.