Key points
- Disputes about whether a property is waqf, and most disputes about waqf property, go to the Waqf Tribunal, not the civil court, subject to the High Court's revisional power.
- A mutawalli manages the property and cannot sell, mortgage or lease it long-term without the Board's sanction; unauthorised transfers are void.
- The Waqf (Amendment) Act, 2025 changed registration, survey, composition of Boards and tribunals and the treatment of waqf by user; parts of it are under challenge in the Supreme Court, so current advice is essential.
What is a waqf
A permanent dedication of movable or immovable property by a person professing Islam for purposes recognised as pious, religious or charitable. Once dedicated, the property vests in the Almighty and cannot be sold or inherited; the mutawalli is a manager, not an owner.
The Tribunal
Section 83 constitutes Waqf Tribunals with jurisdiction over disputes relating to waqf or waqf property. Section 85 bars civil courts from matters the Tribunal is required to decide. The Supreme Court has held that the bar covers disputes over whether a property is waqf, but questions of title where the property was never waqf, and certain eviction and rent matters, can still reach the civil court. Revision against Tribunal orders lies to the High Court under Section 83(9).
Encroachment and eviction
The Board's CEO can order eviction of encroachers under Section 54, with an appeal to the Tribunal. Lessees whose leases have expired are treated as encroachers after notice.
Alienation
Section 51 makes any sale, gift, exchange or mortgage of waqf property void, and Section 56 limits leases to periods approved by the Board. A buyer of waqf property acquires nothing.
The 2025 amendment
The amendment altered the survey process, registration requirements through a central portal, the composition of Boards and Tribunals, the concept of waqf by user, and the treatment of government land claimed as waqf. Writ petitions challenging it are pending before the Supreme Court, which has passed interim orders. Any transaction or dispute involving waqf property should be assessed against the current position.
Frequently asked questions
Can a mutawalli be removed?
Yes. The Board can remove a mutawalli under Section 64 for mismanagement, breach of trust, failure to maintain accounts or other specified grounds, after an enquiry, with an appeal to the Tribunal.
I am a tenant of waqf property. Can the Board evict me summarily?
If your lease is valid and subsisting, no. If it has expired or was not sanctioned by the Board, the Section 54 procedure can be used, and you can appeal to the Tribunal.
How is a waqf registered?
By application to the State Waqf Board with the deed or evidence of dedication; the 2025 amendment moved registration to a central portal with fresh requirements and timelines, which should be checked before filing.
Related practice area: Property, Real Estate & Waqf
This article is for general information and does not constitute legal advice. Laws, rules and limitation periods change and depend on the facts; please take advice on your own situation before acting. Reading this article does not create a lawyer-client relationship with Akhtars Legalitarian.