why waqf bill amendment in 2025 full clarity

fix issues in the management of Waqf properties not inferering in religion activities.

disclaimer: law is complicated read bare act after this undertstand conditions and clauses. this for primary education purpose only. and AI generated with moderation.

Note: Chruch lands and hindu temples lands comes under government & indian laws but waqf lands under waqf act limited interfence of government and laws.

Waqf act 2025 amendments

what is Waqf by User?

simple: if the property using religious purpose then its under waqf reagardless of previous ownership.

Waqf by User was a concept introduced in the Waqf Act of 1995 (as amended in 2013). It essentially allowed for the recognition of a property as a Waqf based on its long and continuous usage for religious or charitable purposes by the Muslim community, even if there was no formal deed or explicit dedication by the owner.

Long and Continuous Use: The key criterion was that the property had been used for Waqf purposes (like a mosque, graveyard, dargah, or for charitable activities) continuously for a long time and was recognized as such by the Muslim community

existing Waqf by User properties registered on or before the commencement of the Waqf (Amendment) Act, 2025, will remain as Waqf by User if they are not in dispute or identified as government land.

previously recognized “Waqf by User” properties is generally protected under the new legislation, subject to certain conditions.

what is limitation act 1963 india?

Why Waqf by User removed in 2025 act?

simple: to prevent getting owwnership of  illegal occupied property.

• To prevent arbitrary claims and potential misuse: There were concerns that the “Waqf by User” provision could be exploited, leading to unwarranted claims on properties based solely on prolonged usage without clear ownership or formal dedication. This could create disputes and uncertainties regarding land titles.   
• To ensure clarity and formal documentation: The amendment emphasizes the need for a formal written Waqf deed by a clear owner (who has practiced Islam for at least five years and owned the property for at least five years) for a valid Waqf to be established from 2025 onwards. This aims to bring more clarity and legal certainty to the creation of Waqfs.
• To address issues of encroachment and illegal occupation: It was felt that the “Waqf by User” concept might inadvertently complicate efforts to reclaim encroached Waqf properties, as long usage could be cited as a basis for a property being considered a Waqf, even if the initial occupation was illegal.
• To align with established legal principles of property ownership: The removal aligns more closely with general principles of property law that typically require formal documentation to establish ownership and transfer of rights.
• To streamline the registration process: By mandating a formal Waqf deed, the registration process becomes more straightforward and based on tangible documents rather than potentially ambiguous historical usage.
• Concerns about potential for communal disharmony: There were instances where properties with a history of mixed use or where the nature of past usage was disputed led to communal tensions when claimed as Waqf based on user. Removing this provision aims to mitigate such conflicts.

What is the difference between waqf and trust?

religious, educational (institutions), or charitable purposes (trusts)

why 2 Non-Muslim Members on waqf Boards?

Article 16(5) of the Constitution supports this, allowing religious institutions (Not property management boards) to employ members of their own religion.

waqf instituion or board legal battle in court.  (In the context of education and governance, an institution is a formal organization like a school or university, while a board is a governing body responsible for oversight and policymaking within that institution)

Waqf management hierarchy

in India operates on a three-tiered structure with the individual Waqf at the base, followed by the State Waqf Board at the state level for supervision and regulation, and the Central Waqf Council at the national level for advisory and overarching guidance. The Waqf Tribunal serves as the dispute resolution mechanism within this framework

The Waqf itself (Mutawalli/Managing Committee):

• At the grassroots level is the individual Waqf. Each Waqf (whether it’s a mosque, dargah, graveyard, educational institution, or charitable trust) has its own management structure.
• Mutawalli: This is the traditional term for the manager or custodian of a Waqf. The Waqf deed usually specifies the appointment and powers of the Mutawalli.
• Managing Committee: In many cases, especially for larger Waqfs, a managing committee is constituted to oversee the affairs of the Waqf. The Mutawalli may be the chairperson or a key member of this committee.
• Responsibilities: The Mutawalli or the Managing Committee is directly responsible for the day-to-day administration, maintenance, and utilization of the Waqf property according to the objectives defined in the Waqf deed and the provisions of the Waqf Act. This includes managing finances, ensuring the proper use of income, and safeguarding the property from encroachment.

. The State Waqf Board:

• Established at the state level by the State Government. Each state with a significant number of Waqfs has its own State Waqf Board.
• Composition: The composition of the State Waqf Board is defined in the Waqf Act and typically includes representatives from various categories such as:
  • Muslim Members of Parliament and State Legislatures
  • Advocates enrolled in the State
  • Mutawallis of prominent Waqfs
  • Persons having knowledge of Muslim law and culture
  • Representatives of recognized Muslim organizations
  • A nominee of the State Government (often an officer of the government)
  • (Post 2025 Amendment): At least two Muslim women members and two non-Muslim members (for administrative purposes).
• Functions: The State Waqf Board is the primary supervisory and regulatory body for Waqfs within the state. Its key functions include:
  • Superintendence of all Waqfs in the State.
  • Registration of Waqfs.
  • Conducting surveys of Waqf properties.
  • Maintaining a register of Waqfs.
  • Scrutinizing and approving budgets of Waqfs.
  • Auditing the accounts of Waqfs.
  • Taking measures for the recovery of lost or encroached Waqf properties.
  • Appointing and removing Mutawallis under certain circumstances.
  • Generally ensuring that the Waqfs are properly administered and their income is duly applied to the purposes for which they were created.

3. The Central Waqf Council:

• Established by the Government of India under Section 9 of the Waqf Act, 1995. It operates at the national level.
• Composition: The Council consists of a Chairperson, who is a Union Minister in charge of Waqfs, and other members representing various interests, including:
  • Representatives of State Waqf Boards
  • Persons having knowledge of Muslim law and administration
  • Representatives of national Muslim organizations
  • Members of Parliament
  • (Post 2025 Amendment): At least two Muslim women members and two non-Muslim members (for administrative purposes).
• Functions: The Central Waqf Council’s main functions are to:
  • Advise the Central Government on matters concerning the working of Waqf Boards and the administration of Waqfs in general.
  • Supervise the functioning of the State Waqf Boards.
  • Promote and assist in the survey and registration of Waqf properties.
  • Make recommendations for the better administration of Waqfs.
  • Collect information on the administration of Waqfs throughout the country.
  • Provide financial assistance to State Waqf Boards and individual Waqfs for specific projects.
  • Issue guidelines and directions to State Waqf Boards.

4. The Waqf Tribunal:

• Established by the State Government under Section 83 of the Waqf Act, 1995. These are quasi-judicial bodies at the state level.
• Composition: Typically consists of a judicial officer (usually a District Judge as Chairman), a member of the State Civil Service equivalent in rank to that of Additional Secretary to the State Government, and a person who has knowledge of Muslim law and Wakf administration.
• Functions: The Waqf Tribunal is the primary forum for resolving disputes related to Waqf properties and the functioning of Waqf Boards and Mutawallis. Its jurisdiction extends to matters such as:
  • Disputes regarding the registration of Waqfs.
  • Disputes concerning the election or removal of Mutawallis.
  • Encroachments on Waqf properties.
  • Any other matter relating to a Waqf.
• Appeals: Under the 2025 amendment, appeals against the orders of the Waqf Tribunal can be made directly to the High Court within a specified period.

Government’s Stated Intention:

The government has clarified that the non-Muslim members are intended to contribute to the administrative functions of the Waqf Boards and will not interfere in the religious affairs of the Waqfs. Their role is primarily focused on ensuring proper management, legal compliance, and financial oversight.

Potential Perspectives and Debates:

While the government presents these reasons for including non-Muslim members, the move has also generated debate and concerns from some sections of the Muslim community who view it as an infringement on their religious autonomy and the management of their religious endowments. They argue that Waqf properties are intrinsically linked to Islamic religious and charitable purposes and should be managed primarily by Muslims.

waqf board vs endowment department vs Catholic Church in regard of properties

It appears you’re asking for a comparison of how Waqf Boards, Hindu Religious Endowment Departments, and the Catholic Church manage their properties in India. Here’s a breakdown:

1. Waqf Boards:

• Legal Basis: Governed by the Waqf Act of 1995 (amended in 2013 and 2025).  
• Nature of Properties: Waqf properties are inalienable charitable endowments under Islamic law, typically for religious, educational, or charitable purposes. Once dedicated as Waqf, the property cannot be sold, transferred, or gifted.  
• Management: Managed by Waqf Boards at the state level, overseen by the Central Waqf Council. The 2025 amendment (UMEED Act) aims to streamline management, enhance transparency, and protect stakeholders’ rights through measures like mandatory registration on a central online portal and audits for institutions with higher annual income.  
• Control: Waqf Boards have the authority to survey, register, and manage Waqf properties. However, the removal of Section 40 in the 2025 Act has altered their power to unilaterally declare a property as Waqf.  
• Recent Developments: The 2025 amendment emphasizes digitization of records and introduces non-Muslim members to the Waqf Boards for administrative expertise.  

2. Hindu Religious Endowment Departments:

• Legal Basis: Primarily governed by state-specific laws (e.g., The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1989; The Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997).  
• Nature of Properties: These departments manage properties belonging to Hindu temples and religious institutions, which can include land, buildings, jewelry, and other assets. These endowments are typically for the maintenance of temples, performance of rituals, and charitable activities associated with the religious institutions.
• Management: Managed by government-appointed bodies or committees as per the respective state laws. The structure and level of government control can vary significantly between states. The focus is often on ensuring the proper administration of temple affairs, safeguarding the properties, and preventing mismanagement.  
• Control: The Endowment Departments have significant control over the properties, including their maintenance, development, and utilization for the purposes of the endowment. They also have the authority to take action against encroachments.
• Key Considerations: State laws often specify that individuals in key administrative and employment roles within these departments and institutions must be Hindu to maintain the religious sanctity.

3. Catholic Church:

• Legal Basis: As a religious organization, the Catholic Church’s property rights are primarily governed by general property laws of India. There isn’t a specific central act like the Waqf Act governing its properties. Historical land grants, particularly during British rule (e.g., the Indian Church Act of 1927), also play a role in their current holdings.
• Nature of Properties: The Catholic Church in India holds vast tracts of land and numerous properties, including churches, schools, colleges, hospitals, and other institutions. These properties are used for religious, educational, healthcare, and social welfare activities.  
• Management: Properties are generally managed by various entities within the Church structure, such as dioceses, religious orders, and specific institutions. The Catholic Bishops’ Conference of India (CBCI) is the central body representing the Church in India.  
• Control: The Church exercises control over its properties through its internal administrative and legal structures, subject to general Indian laws. Recent reports suggest a significant amount of land is owned by the Catholic Church, making it a major non-governmental landowner in India.  
• Recent Developments: Following the Waqf Amendment Bill, there has been increased scrutiny and debate, particularly from RSS-linked organizations, regarding the extent and means of acquisition of the Catholic Church’s land holdings. The central government has stated that it does not maintain centralized data on Catholic Church properties, and this information resides with the respective states.  

Here’s a table summarizing the key differences:

how many times waqf act amended in india and history

The Waqf Act in India has been amended four times since its initial enactment in 1954. Here’s a brief history:

History of Waqf Acts in India:

• 1913: The Mussalman Waqf Validating Act: This was the first legislation to formally address Waqfs in India, introduced during British rule.
• 1923: The Mussalman Waqf Act: This act aimed to introduce rules for proper accounting and transparency in Waqf management.   
• 1930: The Mussalman Waqf Validating Act: This act strengthened the legal validity of family Waqfs, reinforcing the 1913 Act.  
• 1954: The Waqf Act: This was the first major post-independence law to provide for better administration and supervision of Waqfs, establishing State Waqf Boards. The Central Waqf Council was later established in 1964 under this Act.  
• Amendments to the Waqf Act, 1954: The Act of 1954 was subsequently amended four times:
  • 1959
  • 1964  
  • 1969  
  • 1984 These amendments aimed to further improve the administration of Waqf properties.  

   
• 1995: The Waqf Act: This comprehensive Act repealed the 1954 Act and its amendments, providing a new framework for the administration of Waqf properties, defining the powers and functions of the Central Waqf Council, State Waqf Boards, and Waqf Tribunals.  
• 2013: The Waqf (Amendment) Act: This amendment introduced significant changes, including the creation of three-member Waqf Tribunals, mandatory inclusion of two women members on each State Waqf Board, prohibition of sale or gifting of Waqf properties, and an increase in the lease period for Waqf properties.  
• 2025: The Waqf (Amendment) Act: This recent amendment, also referred to as the Unified Waqf Management, Empowerment, Efficiency and Development (UMEED) Act, 1995 (as the 1995 Act is renamed), aims to streamline the management of Waqf properties, enhance transparency, and protect stakeholders’ rights. It also repeals the Mussalman Waqf Act, 1923.  

Therefore, while there have been several legislative acts concerning Waqfs, the Waqf Act of 1954 itself was amended four times before being replaced by the Waqf Act of 1995, which was then amended in 2013 and again in 2025.

what is limitation act 1963 india

12 years limits Suits to recover possession of immovable Private property in civil cases.  30 years for government property.

earlier this waqf 2025 act this not applies to waf board.

time limit within which different types of lawsuits, appeals, and applications must be filed in a court of law. It essentially sets a statute of limitations for various legal actions.

Limitation act impact on Waqf Properties?

waqf by user properties illeagally occupied & contionus used properties may calim onwerhsip becuase of 12 years private and 30 years govt lands.  also whoever in possession waqf properties wthout leagal suits or court case in the past may get ownership.

There is no issue for exsiting illegal occupied mosques, institutions, chartiable trusts 12 years or 30 years ownership by possession limiation act.

why section 40 of waqf act removed?

Section 40 of the Waqf Act, 1995, which has been removed by the Waqf (Amendment) Act 2025 (UMEED Act, 1995), granted the Waqf Board the power to decide whether a particular property was a Waqf property or not. This power was considered significant and its removal has been a point of discussion.   

Here are the primary reasons why this section was removed:

• Alleged Misuse and Arbitrary Decisions: The government and some critics argued that Section 40 was prone to misuse by certain individuals within Waqf Boards. They claimed that this power allowed for the arbitrary declaration of private properties as Waqf land, leading to grievances and disputes. The Minority Affairs Minister stated that this provision was “draconian” and had led to an increase of lakhs of acres of Waqf property due to misuse.   
• Lack of Checks and Balances: While the decision of the Waqf Board under Section 40 could be challenged before the Waqf Tribunal, concerns were raised about the initial power vested solely in the Board without sufficient checks at the primary stage.
• To align with general principles of property law: The removal aligns more closely with the conventional legal principle that the determination of property ownership generally rests with civil courts based on evidence and title deeds, rather than granting such a decisive power to a specific board.
• To reduce potential for conflicts and communal disharmony: Allegations of misuse of Section 40 had, in some instances, led to disputes and communal tensions. Removing this provision aims to mitigate such conflicts by establishing a more standardized process for determining Waqf status.   
• Empowering Original Owners: The government stated that the removal of Section 40 aims to protect the rights of the original owners of properties and prevent the overnight or unfair conversion of their land into Waqf property.

Arguments against the removal:

It’s important to note that the removal of Section 40 has also faced criticism. Some argue that this section was crucial for the Waqf Board to effectively identify and protect Waqf properties, especially those lacking formal documentation but having a history of Waqf usage. Concerns have been raised that without this power, the Waqf Board might become less effective in safeguarding Waqf assets from encroachment and illegal occupation. Some opposition members have even called the Waqf Board a “toothless doll” without Section 40.   

In summary, the removal of Section 40 was primarily motivated by the government’s aim to prevent alleged misuse of power by Waqf Boards in declaring properties as Waqf, to ensure greater clarity and adherence to general property law principles, and to reduce potential conflicts. However, this move has also sparked concerns about the potential weakening of the Waqf Boards’ authority in protecting Waqf properties.

references:

waqf 2025 bill explained by pib