ABSTRACT

This chapter discusses how evacuee property became highly contentious with the onset of partition induced migration and temporary migration of Muslims due to riots and communal tensions. Many of those who returned found that their property was either taken over by the custodian or by incoming refugees. UP government’s attitude was shaped by concerns over war-torn economy, ongoing zamindari abolition and problem of managing waqf property. Property in UP came under many different categories and rumors about sale and purchase of property by Muslims added to tensions among communities. Many Muslims who had left behind property temporarily on account of threat and fear failed to get their property returned due to evacuee property legislations and demands for new documentation. In the 1960s, many evacuee property disputes were not resolved when the government enacted the Enemy Property Legislation which further denied many of their right to own property or have it returned. Class, travel to Pakistan, temporary migration and other considerations made return of property difficult. The chapter explores the impact of different pieces of legislation on different kinds of property in north India.