Waqf Board Property Act
The Waqf Act was passed in 1954 and amended in 1995 to give boards more power and authority to control their assets. However, this act's powers were significantly expanded in 2013, granting the Waqf Board the authority to claim any property as waqf board property, regardless of its current ownership. This means that the Board can acquire properties at any time and in any location, without the need for a legal process or the ability for property owners to challenge this in court.
In simple words, the waqf board has unlimited power to snatch the property of others in the name of Muslim charity, and you are not allowed even to raise your voice regarding that. According to the data of the Waqf Management System of India, there are currently 8,54,509 properties under the authority of the waqf board, spread over 8 lac acres of land. It's staggering to consider that the Waqf Board, after the Indian railways and armed forces, holds the most significant land ownership in India. This fact underscores the vast reach and influence of the Waqf Board.
What Are The Roles Of the Waqf Board?
Waqf boards oversee the management of Waqf properties, ensuring they're utilized solely for religious, pious, and charitable endeavors. Revenue generated from these properties is earmarked for religious causes. They also handle disputes related to Waqf properties and safeguard them, preserving cultural and religious heritage like historical mosques and tombs. These boards play a crucial role in utilizing assets and revenue for welfare initiatives, including education and healthcare for needy Muslims. Additionally, they have the authority to reclaim lost properties, authorize transfers like sales or leases of immovable Waqf properties, and ensure compliance with relevant laws. In essence, Waqf boards serve to uphold the sacred purpose of these properties while also supporting the broader welfare of the Muslim community.
These works are admirable because the Waqf Board will use them for people in need within their religion. Still, the issue that creates dispute over this act is section 3, which states that if the Waqf "thinks" that the land belongs to a Muslim, it is the Waqf's property.
The thing here to note is 'thinks'. Even if the Waqf thinks just about the property is theirs, the property will belong to them. This means they have arbitrary powers to claim any property as their own. This can be misused or already misused in 95 per cent of cases. The innocents have to suffer.
Major Sections In The Waqf Board Property Act
The Waqf Board Property Act 1995 empowers State Waqf Boards in India to manage, preserve, and possess waqf properties. These properties serve charitable and religious purposes, including mosques, graveyards, schools, and hospitals. The Central Waqf Council establishes these boards, which operate within specific states. Their responsibilities include ensuring transparency in property management, preventing encroachment, and optimising available assets. Notable sections of the act include:
• Section 2: Application of the Act.
• Section 32: Powers and functions of the board.
• Section 50: Duties of Mutawalli (managers).
• Section 51: Alienation of waqf property without board sanction is void.
• Section 53: Restriction on purchasing property on behalf of Waqf.
These provisions guide the administration and protection of waqf assets, contributing to their social and religious significance.
What To Do If The Waqf Board Claims Your Land?
You cannot go to court if Waqf claims your property, but you can appeal to the Waqf tribunal. But if you are not able to satisfy them, why does the property belong to you? You will be ordered to vacate the land, and they will not accept any document or evidence regarding this. That is why, if the Waqf Board claims any land, then understand that the Waqf Board has become the land owner.
Conclusion
India, as the world's largest democratic and secular country, upholds the supremacy of law, ensuring uniformity for all citizens. In this context, the need for a uniform property law that applies to all citizens, regardless of religious affiliation, is paramount. Such a law would promote fairness and equality in property rights.
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