Waqf Mutawallis Must Approach Tribunals
By Jameel Ahmad Milansaar
The Supreme Court has declined to extend the six-month deadline for the digital registration of Waqf properties, ruling that the Court cannot alter timelines fixed by statute. The bench observed that those seeking more time must approach the Waqf Tribunal as provided under the Waqf (Amendment) Act, 2025.
The matter pertains to the government’s directive mandating that all Waqf properties, including Waqf bil‑istimal (properties under active use), be registered on the newly launched UMEED/UMMEED portal. The initiative aims to create a centralised digital database of Waqf assets across the country.
A bench comprising Justice Dipankar Datta and Justice Augustine George Masih heard petitions filed by Muslim organisations and public representatives seeking a nationwide extension of the registration deadline. The petitioners had contended that six months was insufficient given the large number of properties involved and the technical challenges faced during the process.
The bench, however, held that since the law itself provides an avenue for individual mutawallis (caretakers) to seek additional time from the Waqf Tribunal, there was no justification for the Supreme Court to intervene directly.
Solicitor General Tushar Mehta informed the Court that under Section 3‑B of the amended Act, all registered Waqfs must upload complete details of their properties within six months of the portal’s activation. He stated that the portal became operational on June 6, making December 6 the statutory deadline. Mutawallis who are unable to meet the deadline, he added, can apply to the Tribunal for an extension based on valid reasons.
Senior advocates including Kapil Sibal, appearing for the petitioners, argued that lakhs of mutawallis across the country were finding it difficult to complete registration due to persistent technical issues and sluggish performance of the portal. They also pointed out that digitising archives of century-old Waqfs — involving the recovery and verification of ancient deeds and records — was a complex and time-consuming process.
The bench noted that while the Solicitor General claimed the portal was functioning properly, the petitioners had alleged otherwise. It advised that any technical defects be documented with proper evidence and placed on record. The Court suggested that mutawallis or State Waqf Boards maintain detailed reports of such issues for consideration by the appropriate authorities but declined to grant a blanket extension of the deadline.
The ongoing dispute stems from provisions in the Waqf (Amendment) Act, 2025, which make digital registration of all Waqf properties mandatory within six months, even for those already registered. The Act also bars unregistered Waqfs from instituting or defending cases in court. Although the Supreme Court had earlier stayed certain controversial clauses of the amendment—such as the requirement that a person creating a Waqf be a “practising Muslim” for five years—it had not suspended the registration provisions.
Muslim organisations have expressed concern that without an extension, thousands of old Waqfs could become entangled in legal and ownership complications due to incomplete registration. They argue that several State Waqf Boards lack adequate staff, infrastructure, and resources to complete the process, while surveys of Waqf properties in many states remain incomplete.
Following the Court’s decision, mutawallis and Waqf institutions must now individually approach the Waqf Tribunal to seek additional time and procedural relief. Meanwhile, national bodies such as the All India Muslim Personal Law Board are reportedly considering interim measures to safeguard Waqf properties—through documentation of portal issues, state-level coordination, and administrative representations—until the constitutional challenge to the 2025 amendment is finally decided.
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