#Waqf Act

The Andhra Pradesh High Court ruled that a hereditary claim to mutawalli succession under the Waqf Act, 1995, must be substantiated by a statutory enquiry report, not just familial ties. The decision reinforces that Waqf Board determinations under Section 61 prevail over unproven assertions, impacting succession disputes in religious endowments.

The Kerala High Court has ruled that challenges to Waqf Tribunal orders - even interlocutory ones - must be raised only through the statutory appeal under Section 83(9) of the Waqf Act, 1995, and not via Article 227 writ jurisdiction. This clarifies that the Tribunal’s specialized appellate structure ousts the High Court’s supervisory power, binding litigants, Waqf Boards, and property claimants to a single, structured remedy.

The Madras High Court has ruled that any decree passed without joining the Wakf Board as a mandatory party under Section 90 of the Waqf Act, 1995 is legally void ab initio - regardless of the suit’s merits or elapsed time. This sets a binding precedent for all property disputes involving waqf properties, requiring strict compliance with statutory joinder to avoid nullification of judgments.

MP High Court rules that a waqf notification issued without complying with the mandatory survey requirement under Section 4 of the Waqf Act, 1995 is null and void from inception. The judgment underscores statutory compliance as a precondition for valid waqf declarations, impacting property disputes involving waqf boards.

Madras High Court ruled that the Waqf Board cannot obstruct or impose administrative conditions on a decades-old religious practice of serving food during the 27th night of Ramzan. The court emphasized that religious freedoms under Article 25 must be facilitated, not restricted, ensuring the devotional link between donor and recipient remains unsevered.

Telangana High Court holds that registration authorities cannot refuse to accept sale deeds based on outdated Waqf notifications if revenue records confirm clear title under the Registration Act, 1908.

Telangana High Court directs registration authorities to accept sale deeds where Waqf notifications have been set aside, affirming that revenue records prevail over invalid gazette notifications.

Bombay High Court holds that mutation entries and 1974 government notification create presumption of Waqf ownership, barring unauthorized use like weekly markets on graveyard land.

Madras High Court holds that the Executive Officer of Tamil Nadu Wakf Board may constitute a volunteer committee to manage religious activities during Ramzan, even without a Muthawalli.

Bombay High Court holds that amendment seeking declaration of waqf status is permissible pre-trial if predicated on pleaded facts, even if time-barred, provided no prejudice arises.