Wakf Act, 1995

The Munnerul Islam Madrasa Committee filed a suit before the Wakf Tribunal seeking eviction of Faseela M., alleging that she was a tenant of a property described as waqf. Faseela denied that the property was waqf and challenged the Tribunal's jurisdiction. The Tribunal initially ordered the suit to be returned to the c…

The appellants, long‑time tenants of premises that later became part of a Wakf, were facing civil eviction when the Wakf Act, 1995 was amended in 2013 adding a penal provision (Section 52A) and a definition of "encroacher". The Wakf Board filed a criminal complaint under Section 52A alleging the appellants were encroac…

A wakf deed executed in 1913 appointed the original mutawalli and stipulated that the office would devolve to "putro poutradi krome" of the original mutawalli. After the last male mutawalli died without a son, he had executed a trust deed appointing his wife, Nazira Khatoon, as his successor. The Commissioner of Wakfs …

The case concerned a dispute over the demarcation of a Wakf estate created by a 1936 deed, which divided the property into 75% for the descendants (Wakf‑al‑al‑aulad) and 25% for religious purposes. A suit for demarcation was filed in the Calcutta High Court, which held that the demarcation was incorrect and that the Wa…

The appellant, a Muslim member of the Manipur Bar Council, was appointed to the State Waqf Board under Section 14(1)(b)(iii) of the Wakf Act, 1995. After a former board member (respondent No.3) lost his Bar Council seat, he challenged the appointment, arguing that Explanation II to Section 14(1)(b) only applies to MPs …

The appeal concerned a decision of the Madras High Court that remanded a matter before the Wakf Tribunal because the Tribunal had failed to consider certain points. The issue before the Supreme Court was whether, under Section 83(5) of the Wakf Act 1995, the Wakf Tribunal is deemed a civil court and can exercise the sa…

The appellant, Mumtaz Yarud Dowla Wakf, owned a property that was leased to the respondent hotel for 33 years, which expired in 1999. After the lease ended, the appellant sued the respondents before the Wakf Tribunal for ejectment and possession, obtaining a decree in 2002. During execution of the decree, the responden…

The Maharashtra State Board of Wakfs was incorporated on 4 January 2002 and subsequently published lists of wakf properties on 13 November 2003 and 30 December 2004. Several Muslim public trusts challenged the Board’s constitution, the validity of the lists, and the applicability of Section 13(2) of the Wakf Act, 1995,…

Madanuri Sri Rama Chandra Murthy filed a suit seeking cancellation of a sale deed, alleging that the land was Wakf property. The defendants moved an application under Order VII Rule 11 of the CPC for rejection of the plaint, which the Wakf Tribunal allowed, finding the suit meritless and barred. The High Court set asid…

The Salem Muslim Burial Ground Protection Committee claimed that a parcel of land (Zamin Survey No.5108) in Salem was a Muslim burial ground and therefore a wakf, seeking to prevent its alienation under the Tamil Nadu Estate (Abolition & Conversion into Ryotwari) Act, 1948. Various private claimants had earlier sought …

The Lal Shah Baba Dargah Trust filed a suit before the single‑member Maharashtra Waqf Tribunal seeking injunction against alleged illegal development of waqf property. The respondents obtained a civil revision, arguing that the 2013 Wakf (Amendment) Act, which mandates a three‑member tribunal, rendered the one‑member t…

The Supreme Court examined several Special Leave Petitions challenging the Bombay High Court's interim order that, pending the constitution of a proper Maharashtra State Board of Wakfs under the Wakf Act, 1995, the Charity Commissioner should continue to administer Muslim Wakf properties. The Court held that the Board …

The State of Andhra Pradesh (now Telangana) challenged an errata notification issued by the A.P. State Wakf Board that added 1,654 acres and 32 guntas of land to the list of Wakf properties, claiming the Board had not complied with the procedural requirements of the Wakf Act, 1995. The High Court had dismissed the Stat…

The Punjab Wakf Board (PWB) claimed ownership of two parcels of land and filed suits for permanent injunction and possession against lessees Sham Singh Harike and Teja Singh. Both suits were transferred to the Wakf Tribunal, where the respondents argued that the Tribunal lacked jurisdiction and that the civil courts sh…

Kiran Devi claimed that she was the rightful tenant of a hotel premises, asserting that the tenancy belonged to a joint Hindu family and that the Karta could not surrender it without the consent of other coparceners. The Patna High Court held that the tenancy was a joint family business, barred the Wakf Board from acce…

The Rajasthan Wakf Board filed an appeal against a High Court order that set aside a Wakf Tribunal decree declaring a disputed parcel of land to be Wakf property. The dispute centered on whether the suit land was part of the "Kauria Wali Masjid" Wakf and, if so, whether its sale by a non‑Wakf party was void under the W…

The Telangana State Wakf Board and the Mutawalli filed a suit before the Andhra Pradesh State Wakf Tribunal seeking eviction of a tenant, Mohamed Muzafar, from premises they claimed were Wakf property. The tenant contested that the land was not Wakf property, arguing that the gazette notification showing an increased e…

The case concerned a dispute over who should serve as Chief Mutawalli of Hamdard Laboratories (India) after the death of the previous Chief Mutawalli, Abdul Mueed. The appellant, Hammad Ahmed, claimed that the senior-most male descendant of the Wakif Mutawalli, as stipulated in the 1948 Deed as amended in 1973, was ent…

The Wakf Board filed eviction suits against tenants occupying property identified as wakf, and the Wakf Tribunal held it had jurisdiction to decide the matters, ordering eviction. The High Court of Andhra Pradesh affirmed the Tribunal's orders. The appellants challenged the jurisdiction of the Wakf Tribunal under Secti…