Waqf Property Ownership – New Rules on Government Land

Waqf Property Ownership is a unique concept under Islamic law, wherein the ownership of a property is permanently and irrevocably dedicated to God for religious, charitable, or pious purposes. Once a property is declared as Waqf by the person creating it (the Waqif), it ceases to be privately owned and is no longer subject to sale, transfer, inheritance, or any form of personal claim. The ownership is considered to vest in God, and as such, no individual or institution can claim proprietary rights over it.

Table of Contents

1. Introduction
2. Government Land – No Longer Waqf
3. Protected Monuments and Tribal Areas
4. Survey Reforms – New Role of the Collector
5. Registration and Mutation Procedure
6. Addressing Wrongful Declarations
7. Case Studies – Why This Matters
8. Potential Pitfalls
9. Conclusion

Check out Taxmann's Unified Waqf Management Empowerment Efficiency and Development Act 1995 (UMEED) with Rules – Bare Act with Section Notes which offers a comprehensive framework for Waqf administration. It consolidates key enactments—including the Mussalman Wakf (Repeal) Act 2025—and the latest rules (e.g., Waqf Properties Lease Rules 2014, Central Waqf Council Rules 1998). A hallmark Comparative Study (old vs. new) and detailed Section Notes clarify amendments and procedures, simplifying day-to-day compliance. Aimed at legal professionals, Waqf managers, academics, officers, and policy analysts, it emphasises digital compliance, practical insights, and user-friendly referencing.

1. Introduction

Waqf property ownership lies at the heart of countless disputes across India. From local farmers to entire state authorities, people have found themselves enmeshed in controversies over whether certain land truly belongs to a waqf. To tackle this issue, the UMEED Act introduces stringent rules that not only clarify government property rights but also reorganize the entire survey process.

This article examines how the UMEED Act redefines the waqf property ownership landscape, focusing on the exclusion of government-owned land and tribal areas from the waqf ambit, and the improved procedures for surveying and registering waqf assets.

2. Government Land – No Longer Waqf

2.1 Historical Confusions

Under the old Waqf Act, 1995, there were instances where Waqf Boards unilaterally declared government property as waqf land based on uncertain or outdated records. This escalated tensions, with reported cases in Tamil Nadu, Bihar, and other states.

2.2 The New Provisions (Section 3C)

The UMEED Act now explicitly states that if a property is recorded as government property, it cannot be deemed waqf—even if previously identified as such. Furthermore, an inquiry by a designated officer (above the rank of Collector) must confirm its status. If the officer finds it to be government land, the Waqf Board is required to strike it off its records.

By clarifying waqf property ownership boundaries, the UMEED Act protects public land from encroachment and removes the “final say” from Waqf Boards in unilaterally declaring properties. This marks a significant shift in balancing state interests with religious endowments.

3. Protected Monuments and Tribal Areas

3.1 No Waqf Claims over Protected Monuments

Section 3D bars any monument or area protected under the Ancient Monuments Preservation Act, 1904 or the Ancient Monuments and Archaeological Sites and Remains Act, 1958 from being declared as waqf property. This aims to preserve India’s archaeological heritage by preventing ambiguous claims that hamper conservation efforts.

3.2 Prohibition in Scheduled or Tribal Lands (Section 3E)

Land belonging to members of Scheduled Tribes—especially under the Fifth and Sixth Schedules of the Constitution—can no longer be declared or deemed waqf. This addresses past controversies where tribal land, protected by constitutional safeguards, was at times claimed by Waqf Boards.

4. Survey Reforms – New Role of the Collector

4.1 Shifting from Survey Commissioner

Traditionally, a Survey Commissioner oversaw the identification and listing of waqf properties in each state. Under the UMEED Act, this role has largely shifted to the Collector. Sub-sections that detailed second or subsequent surveys by the Survey Commissioner have been omitted.

Rationale –

• The Collector’s existing revenue-based role and direct control of land records streamline the process.
• This shift likely boosts efficiency and accountability, as Collectors generally have better local oversight.

4.2 Publication of Lists (Section 5)

After the Collector identifies and verifies waqf properties, a list of auqaf is published by the state government. Within 90 days of publication, it must be uploaded to an online portal and database—a transparency measure to ensure public scrutiny and easier record-keeping.

5. Registration and Mutation Procedure

5.1 Mandatory Public Notice

Before mutating (formally recording) any land as waqf, the authorities must now issue a 90-day public notice in two newspapers (one in the local language). If anyone objects, they must be heard. Such a measure prevents silent or secretive changes to land records without public awareness.

5.2 Online Registration

All waqfs—existing or new—must be registered online. Previously, many waqfs were unregistered or partially recorded in manual ledgers, making data unreliable. With Section 3B, each existing registered waqf has six months to file details online, extendable up to a maximum of 12 months upon Tribunal’s approval.

6. Addressing Wrongful Declarations

6.1 Mechanism for Reversal

If a waqf property is wrongly identified as government land, there is a procedure for the Collector to review and uphold or dismiss the classification. Conversely, if a property incorrectly listed as waqf is found to be private or public, the Board must correct its records promptly.

6.2 Ensuring Accountability

By making the Collector the nodal authority for land verification and giving rights of appeal to affected parties (including waqf institutions), the law balances the scales –

• Waqf Boards can no longer assert control without checking with the local administration.
• Government bodies can reclaim property.
• Private individuals can challenge wrongful waqf listings if they have lawful documentation.

7. Case Studies – Why This Matters

1. Village in Tamil Nadu – A farmer discovered the Waqf Board had declared an entire village waqf land. Under the new regime, the Collector’s role ensures quicker resolution—public notices, a formal inquiry, and eventual correction of records if found erroneous.
2. Tribal Land in Scheduled Areas – In some instances, tribals were forced to dispute Waqf Board claims. Section 3E now categorically prohibits such declarations, giving tribals a strong legal basis to retain waqf property ownership.

8. Potential Pitfalls

• Administrative Delays – Overburdened Collectors might struggle to handle the complexities of waqf verification, causing backlog.
• Litigation Overload – The clearer recognition of government land might trigger fresh legal challenges from waqfs or claimants.
• Outreach to Remote Areas – Some smaller waqfs in rural zones may fail to register or meet deadlines without legal aid or awareness campaigns.

Nevertheless, these changes are lauded for streamlining property records, a longstanding necessity in Indian land law, not just for waqfs but across the board.

9. Conclusion

Through Sections 3C, 3D, and 3E, along with revised survey and mutation processes, the UMEED Act underscores a deliberate effort to protect public and minority rights alike. The new emphasis on online registration and collector-driven inquiries fosters accountability, transparency, and fairness in determining who truly owns what.

Dive Deeper:
Definition of Waqf – How the UMEED Act Redefines Waqf Creation
Waqf Act 1995 vs. UMEED Act – Overview of Key Reforms
Waqf Boards under UMEED Act and the Central Waqf Council
Mutawalli Qualifications and Accountability Under the UMEED Act
Waqf Digital Portal – Surveys and Online Registry in UMEED Act