Topic

Wakf Law

4 articlesLatest 1 week ago
Wakf Act, 1954 | Gazette Notification Creates Presumptive Title Unchallengeable After One-Year Limitation; SC Restores Injunction for Mafi Inam Lands : SC
|Supreme Court of India

Wakf Act, 1954 | Gazette Notification Creates Presumptive Title Unchallengeable After One-Year Limitation; SC Restores Injunction for Mafi Inam Lands : SC

The Supreme Court ruled that a Gazette notification under the Wakf Act, 1954 creates a presumptive title to wakf property that becomes unchallengeable after the one-year limitation period. This restored a permanent injunction for the Telangana Wakf Board over Mafi Inam lands adjoining the Qutub Shahi Mosque, prevailing over later revenue records and pattadar passbooks.

Hereditary Mutawalliship | Tenure Cannot Be Limited to One Year Under Wakf Proforma; Perpetuity Presumed Unless Expressly Restricted : Madras HC
Case Law Analysis
|Madras High Court

Hereditary Mutawalliship | Tenure Cannot Be Limited to One Year Under Wakf Proforma; Perpetuity Presumed Unless Expressly Restricted : Madras HC

The Madras High Court has ruled that hereditary mutawalliship under a wakf proforma is inherently perpetual, and imposing a fixed one-year term violates the foundational principle of hereditary succession in Islamic endowment law. This decision protects the rights of established hereditary successors and curbs arbitrary interference by Wakf Boards in succession planning, setting a critical precedent for all wakf properties governed by similar proformas.