What is Waqf Property 

Waqf, under Islamic law, refers to a charitable endowment where movable or immovable property is dedicated permanently for religious, pious, or charitable purposes. Once designated as waqf, the property is considered inalienable, meaning it cannot be sold, gifted, or inherited, and its benefits are meant to serve the intended purpose in perpetuity. The ownership of the property is symbolically transferred to God, with the benefits directed to the community or specific beneficiaries. 

Management of Waqf Property –

In India, waqf properties are managed by Waqf Boards, which are legal entities established under the Waqf Act, 1954, and later governed by the Waqf Act, 1995. Each state in India has a State Waqf Board responsible for the administration, maintenance, and development of waqf properties within its jurisdiction. The Central Waqf Council, a statutory body under the Ministry of Minority Affairs, oversees and advises State Waqf Boards.

Scale of Waqf Properties –

Waqf Boards in India are significant landowners, controlling approximately 870,000 properties spread over 940,000 acres, with an estimated value of ₹1.2 lakh crore. This makes them the third-largest landowner in the country, following the Indian Railways and the armed forces. 

Waqf properties include – 

• Agricultural land
• Buildings
• Mosques, dargahs, and madrasas
• Graveyards (qabristans)
• Idgahs, khanqahs, and other religious or charitable institutions
• Schools, shops, ponds, and plots

Purpose and Utilization 

The primary purpose of waqf properties is to generate income for charitable, religious, or educational purposes, such as – 

• Supporting the poor and marginalized sections of society. 
• Funding educational institutions like madrasas and schools. 
• Maintaining religious sites such as mosques and dargahs providing healthcare facilities. 

However, issues such as mismanagement, under-utilization, and encroachments have plagued waqf properties. For instance, reports have highlighted that despite the significant value of waqf properties (e.g., in Delhi alone, properties are valued at over ₹6,000 crore), the income generated is often minimal (e.g., a return rate of just 2.7% as per the Sachar Committee report), with a substantial portion allocated to administrative expenses rather than the intended charitable objectives.

Also read: Joint ownership of property in India

Legal Framework 

The Waqf Act, 1995, provides the legal framework for the management of waqf properties. 

Key provisions include 

• Survey and Registration – A Survey Commissioner is appointed to identify and register waqf properties, ensuring they are documented and protected.
• Waqf Tribunals – Disputes related to waqf properties are adjudicated by Waqf Tribunals, which are state-constituted bodies with final authority on such matters.
• Mutawalli (Caretaker) – Each waqf property is managed by a mutawalli, who acts as a supervisor or caretaker, ensuring the property is used for its designated purpose.
• Protection Against Encroachment – The 2013 amendment to the Act introduced penalties, including imprisonment, for encroachments on waqf properties and prohibited their sale, gift, exchange, mortgage, or transfer. 

Issues and Challenges 

Despite the legal framework, waqf properties face numerous challenges 

• Mismanagement and Corruption – There have been allegations of mismanagement and corruption within Waqf Boards, leading to under-utilization of properties.
• Encroachments – Both private entities and government organizations have encroached upon waqf lands, often leading to protracted legal battles.
• Lack of Transparency – Surveys and registration processes have been criticized for inefficiency and lack of transparency, with outdated or incomplete records.
• Revenue Disputes – The revenue potential of waqf properties is often unrealized due to poor maintenance and pendency of cases in Waqf Tribunals. 
• Legal Disputes – The finality of Waqf Tribunal decisions has been a point of contention, especially when properties are claimed as waqf without sufficient evidence, leading to disputes with other parties, including the government. 

The Waqf (Amendment) Bill, 2024 – Detailed Analysis 

The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha on August 8, 2024, seeks to amend the Waqf Act, 1995, to address these challenges and improve the management of waqf properties. The Bill, now renamed the “Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995” (UWMEEDA), has been referred to a Joint Parliamentary Committee (JPC) for further scrutiny due to significant opposition. Below is a detailed breakdown of the Bill’s provisions, objectives, and controversies.

Objectives of the Waqf Bill – 

The stated objectives of the Waqf (Amendment) Bill, 2024, are to – 

• Enhance the efficiency, transparency, and accountability of Waqf Boards.
• Clarify eligibility criteria for creating waqf.
• Prevent misuse and encroachment of waqf properties.
• Protect the inheritance rights of heirs, including women, under Islamic law.
• Streamline dispute resolution processes. 

Key Provisions of the Waqf Bill

• Eligibility Criteria – The Bill specifies that only a person practicing Islam for at least five years can declare a waqf. Additionally, the person must be the lawful owner of the property and competent to transfer or dedicate it.
• Removal of Waqf by User – The Bill removes the provision of “waqf by user,” which allowed properties to be recognized as waqf based on long-term use for religious or charitable purposes, even without formal documentation. This change means a valid waqfnama (deed) is now mandatory for a property to be recognized as waqf.
• Waqf-alal-aulad (Family Waqf) – The Bill clarifies that waqf-alal-aulad (waqf for family members) must not result in the denial of inheritance rights to heirs, including women, ensuring compliance with Islamic principles of inheritance.  

Survey and Registration of Waqf Properties 

• Role of District Collector – The Bill replaces the Survey Commissioner with the District Collector (or an officer not below the rank of Deputy Collector) to conduct surveys of waqf properties. The Collector is empowered to determine whether a property is waqf or government land, especially in cases of dispute.
• Government Property Exclusion – Any government property identified or declared as waqf, either before or after the Bill’s enactment, will not be deemed waqf. The Collector’s decision on such disputes is final, and revenue records must be updated accordingly.
• Mandatory Registration – All waqf properties must be registered with the District Collector’s office for evaluation. Existing waqf properties registered under the Act must file full details on a central portal and database within six months of the Bill becoming law. 

Composition of Waqf Boards and Central Waqf Council 

• Inclusion of Non-Muslims – The Bill mandates the inclusion of non-Muslim members in both the Central Waqf Council and State Waqf Boards. Specifically, it requires at least two non-Muslim members in each body, removing the earlier requirement that all members (except the Union Minister for Waqf) must be Muslim.
• Women’s Representation – The Bill ensures representation of Muslim women on both the Central Waqf Council and State Waqf Boards, with a provision for appointing two women members.  
• Nomination vs. Election – Previously, members of State Waqf Boards were elected from electoral colleges comprising Muslim MPs, MLAs, MLCs, and Bar Council members. The Bill empowers state governments to nominate one person from each of these groups, and these nominees do not necessarily have to be Muslim. 

Representation of Diverse Muslim Communities –

The Bill provides for the representation of Shia, Sunni, Bohra, Aghakhanis, and other backward classes among Muslim communities in Waqf Boards. It also allows for the establishment of separate Boards of Auqaf for Bohras and Aghakhanis.  

Dispute Resolution and Tribunals

• Revocation of Tribunal Finality – The Bill revokes the finality of Waqf Tribunal decisions, allowing appeals against Tribunal orders to be filed directly in the High Court within ninety days.
• Collector as Arbiter – The District Collector is designated as the arbiter in disputes over whether a property is waqf or government land, shifting this authority from Waqf Tribunals. Properties under dispute cannot be treated as waqf until the Collector submits a final report. 

Audit and Oversight 

• Central Government Audit Powers – The Bill grants the Central Government the authority to direct audits of any waqf property at any time, conducted by auditors appointed by the Comptroller and Auditor-General of India or other designated officers. 
• Penalties for Mutawallis – The Bill introduces stricter penalties for mutawallis (caretakers) who fail to perform their duties, such as maintaining and submitting accounts, allowing inspections, or providing required information. The period of non-compliance for removal of a mutawalli is reduced from two consecutive years to one year. Additionally, a mutawalli can be removed for membership in unlawful organizations under the Unlawful Activities (Prevention) Act, 1967. 

Digitalization and Transparency –

• Central Portal and Database – The Bill mandates the creation of a central portal and database for the registration and management of waqf properties, aiming to enhance transparency and efficiency.
• Streamlined Governance – The Bill seeks to streamline governance procedures within Waqf Boards, introducing provisions to address potential conflicts of interest among board members and strengthen the legal framework for compliance and enforcement. 

Legal Framework Changes 

• Omission of Certain Sections – The Bill omits Section 40 (which empowered Waqf Boards to decide if a property is waqf), Section 107 (which made the Limitation Act, 1963 inapplicable to waqf actions), and Sections 108 and 108A (related to evacuee waqf properties and the Act’s overriding effect). 
• Appeals to High Court – The Bill reforms the Tribunal structure by reducing it to two members and provides for appeals against Tribunal orders to the High Court, enhancing judicial oversight. 

Controversies and Criticisms 

The Waqf (Amendment) Bill, 2024, has sparked significant controversy, with opposition from Muslim bodies, opposition political parties, and other stakeholders. Below are the key points of contention – 

Perceived Interference in Religious Affairs 

Critics argue that the Bill infringes on the Muslim community’s fundamental right to manage its religious affairs, as guaranteed under Article 26 of the Indian Constitution. The inclusion of non-Muslim members in Waqf Boards and the Central Waqf Council is seen as a departure from the principle that religious endowments should be managed by members of the respective religious community, as is the case with Hindu and Sikh endowments. The requirement that only a person practicing Islam for five years can create a waqf is criticized as discriminatory, as Islamic law allows even non-Muslims to create waqf for charitable purposes. This provision could jeopardize waqf properties created by non-Muslims historically. 

Removal of Waqf by User 

The removal of the “waqf by user” provision is a major point of contention. Critics, including opposition MPs, highlight that approximately 4.02 lakh of the 8.72 lakh recorded waqf properties in India fall under this category (e.g., mosques, madrasas, and graveyards used for religious purposes over long periods). Removing this provision could threaten the status of such properties, especially ancient mosques and dargahs, at a time when divisive claims questioning their religious status are being raised. 

Role of District Collector

Empowering the District Collector to determine whether a property is waqf or government land is seen as undermining the autonomy of Waqf Boards and Tribunals. Critics argue that this move centralizes power in the hands of the government, potentially leading to misuse or bias, especially in disputes involving government properties.

The provision that disputed properties cannot be treated as waqf until the Collector’s report is submitted is criticized as suspending the rights of waqf institutions during the dispute resolution process, potentially leading to loss of control over valuable assets.

Also read: E Stamp for Property Registration

Government Oversight and Control 

The Bill’s provisions for government nomination of Waqf Board members (instead of elections) and the inclusion of non-Muslims are seen as attempts to exert political control over waqf properties. Critics allege that this could facilitate the transfer of waqf land to government or private entities, particularly in light of allegations that the Bill is motivated by political interests ahead of state elections in 2024 and 2025.

The Central Government’s power to direct audits is viewed as an overreach, potentially compromising the independence of Waqf Boards. 

Legal and Procedural Concerns

The revocation of Tribunal finality and the shift of dispute resolution authority to the District Collector are criticized as weakening the specialized judicial framework for waqf disputes. The removal of experts in Muslim law from Tribunals could further hinder effective adjudication. The six-month deadline for registering existing waqf properties on the central portal is considered insufficient, given the procedural delays and the scale of waqf properties across India. 

Political and Social Implications

Opposition parties, including the Congress, DMK, Trinamool Congress, and AIMIM, have labeled the Bill as unconstitutional and anti-minority, accusing the government of attempting to “annihilate” waqf properties and erode Muslim rights. They argue that the Bill could inflame social tensions and increase localized conflicts over waqf properties. Muslim organizations, such as the All India Muslim Personal Law Board (AIMPLB) and Jamiat Ulama-i-Hind, have strongly opposed the Bill, stating that it could make waqf properties more susceptible to government control and encroachments. They warn that such changes could set a precedent for similar actions against endowments of other religious communities. Some critics have accused the government of using the Bill to benefit political allies by facilitating the transfer of valuable waqf land, a charge the ruling NDA has denied, arguing that the demand for reform comes from within the Muslim community itself.

Procedural Lapses in JPC 

Opposition members of the JPC, which reviewed the Bill, have criticized procedural lapses in its functioning, including the rejection of all 44 amendments proposed by the opposition without extensive discussion. This has led to allegations of a lack of consensus and a rushed legislative process. 

Support for the Bill 

Despite the criticism, the Bill has received support from certain quarters –

• Government’s Defense – The NDA government, led by Union Minister for Minority Affairs Kiren Rijiju, has argued that the amendments are necessary to address long-standing issues of mismanagement, corruption, and encroachments in waqf properties. The government cites the 1976 Waqf Inquiry Report, which highlighted the concentration of waqf properties in the hands of mutawallis and the failure of Tribunals to settle disputes effectively, as justification for reforms. 
• Community Support – Some Muslim organizations, such as the All India Sufi Sajjadanashin Council, have welcomed the amendments, expressing confidence that they will bring transparency and efficiency to waqf management. They argue that the inclusion of women and diverse Muslim communities in Waqf Boards is a progressive step.
• Legal Competence – The government has defended its legislative competence to enact the Bill, citing Entries 10 (Trusts and Trustees) and 28 (Charities and charitable institutions) of the Concurrent List in the Indian Constitution. It has also argued that Waqf Boards do not fall under Articles 25 and 26 (freedom of religion), as per judicial precedents like the Bramchari Sidheswar Bhai case (1995). 

Current Status and Next Steps

As of March 16, 2025, the Waqf (Amendment) Bill, 2024, remains under review by the JPC, which adopted its report by a majority vote on January 29, 2025. The government is expected to move the Bill during the upcoming Budget session of Parliament. However, the opposition’s dissent notes and ongoing protests suggest that the Bill’s passage will face significant resistance, both within Parliament and in the public sphere. The JPC has accepted 14 specific amendments to the Bill, including changes to the authority for property classification (shifting from District Collector to a state-appointed authority) and provisions to address conflicts of interest, but the core contentious provisions remain largely intact.

Critical Examination 

While the government’s stated intent is to improve efficiency and transparency in waqf management, a critical examination reveals potential risks – 

• The Bill’s provisions could undermine the autonomy of Waqf Boards, shifting significant power to government officials and potentially exposing waqf properties to misuse or appropriation. 
• The removal of “waqf by user” and the emphasis on formal documentation could jeopardize the status of historically significant waqf properties, particularly in the context of ongoing disputes over religious sites.
• The inclusion of non-Muslims in Waqf Boards, while framed as inclusive, raises questions about consistency, as similar provisions do not exist for Hindu or Sikh endowments. This could be perceived as discriminatory or as an attempt to dilute Muslim control over their religious endowments.
• The timing of the Bill, ahead of state elections, and the lack of extensive consultation with stakeholders, including the Muslim community, fuel suspicions of political motivations rather than genuine reform.
• On the other hand, the government’s argument that reforms are needed to address mismanagement and encroachments is not without merit, given the documented challenges in waqf administration. However, the approach taken in the Bill—centralizing control and reducing the role of community-based institutions—may not be the most effective solution, especially without broader consensus and trust-building measures.

Conclusion

The Waqf (Amendment) Bill, 2024, represents a significant overhaul of the legal framework governing waqf properties in India. While it aims to address real issues such as mismanagement, encroachments, and lack of transparency, its provisions have raised serious concerns about government overreach, potential misuse, and infringement on religious rights. The Bill’s passage will likely be contentious, with far-reaching implications for the management of waqf properties, the Muslim community’s rights, and social harmony in India. A balanced approach, involving genuine consultation with stakeholders and safeguards against misuse, would be essential to ensure that reforms achieve their intended objectives without undermining the spirit of waqf as a charitable institution rooted in Islamic principles. 

Frequently Asked Questions 

1. What is Waqf Board property?

Waqf Board property refers to assets that have been permanently dedicated for religious, charitable, or philanthropic purposes under Islamic law. These properties are managed by Waqf Boards, which operate under the supervision of the government.

2. Who regulates Waqf properties in India?

In India, Waqf properties are regulated by the State Waqf Boards and the Central Waqf Council, both functioning under the Waqf Act, 1995. 

3. Can Waqf properties be sold or transferred?

No, Waqf properties are legally inalienable, meaning they cannot be sold, transferred, or mortgaged unless approved by the Waqf Board and in accordance with the law.

4. What is the Waqf Amendment Bill?

The Waqf Amendment Bill proposed modifications to the existing Waqf Act, 1995, aiming to improve governance, prevent encroachments, and enhance transparency in managing Waqf properties. 

5. What are the key changes in the Waqf Amendment Bill?

The amendment includes provisions for:

• Stricter penalties for illegal occupation of Waqf properties.
• Streamlining the process for removing encroachments.
• Enhanced digital record-keeping of Waqf properties.
• Increased transparency in Waqf Board operations.

6. How are Waqf properties protected from encroachments?

The Waqf Board has legal powers to take action against encroachers, and under the proposed amendment, stricter penalties and a faster grievance redressal system will be implemented.

7. How can someone check if a property belongs to the Waqf Board?

Individuals can verify Waqf properties through the WAMSI (Waqf Management System of India) portal or by contacting the respective State Waqf Board. 

8. What happens if a Waqf property is illegally occupied?

The Waqf Board can initiate legal action, including eviction and penalties. The Amendment Bill strengthens these provisions to ensure quicker resolution.

9. Can non-Muslims use Waqf properties?

While Waqf properties are primarily for religious or charitable purposes as per the donor’s intent, some properties may be leased or used for public welfare under specific conditions.

10. Where can I find the latest updates on Waqf laws?

You can check the Central Waqf Council’s website, the official Government Gazette, or legal news portals for the latest amendments and regulations.