Waqf property in India: what happens to it after the 2025 amendments?

By: Gurleen kaur

If we talk about waqf properties in india they have become an asset now which are permanently dedicated for religious or charitable purposes under Islamic law. These properties are made to serve the community forever and are only managed by waqf board in each state. In India the total number of registered waqf properties are 8 lakh which makes India a largest country  with waqf assets in the world. But these large counting bring some issues along with it like mismanagement, illegal occupation, and lack of transparency in the administration of waqf. To address these issues the Indian government introduced major reforms through the waqf (amendment) acg, 2025. This amendment has brought significant changes in how waqf properties are handled and protected.

Important changes in waqf property management
1. End of 'waqf by user': Prior to the amendment, a property could be declared waqf if it was used for religious purposes for an extended period of time, even without any formal documentation. This practice resulted in disputes because the property of many private landowners was incorrectly marked as waqf. Following the amendment, only properties with proper and valid documentation will be recognized as waqfs. This amendment had a positive impact because it now protects private property owners from false or undocumented waqf claims. s. Historical usage alone will no longer be enough to label a property as waqf.
2. Property surveys handed over to district collectors: Historically, surveys of waqf properties were conducted by specialized officers known as survey commissioners appointed by the waqf board. However, as a result of the amendment, the district collector, a senior administrative officer, now bears responsibility for the survey. This amendment makes the process more formal, transparent, and accountable. This prevents the manipulation of biased property recordings.
3. Mandatory digital registration: According to this amendment, all waqf properties must be registered digitally through a centralized online portal, with details such as location, size, usage, and ownership being uploaded and made publicly available.
This amendment was needed to move towards digitalization and bring much needed transparency. And it also made it easier for the public to verify waqf properties and reduce the change of illegal occupations or mismanagement.
4. Inclusion of non-Muslim members in waqf boards:- earlier the waqf board was controlled by only Muslim members but after the amendment it is must to add one non-Muslim member to the board. Which will enhance the transparency and ensure checks and balances.
5. Protection of inheritance rights: The amendment clarifies that waqf claims cannot supersede legitimate inheritance rights. If any ownership disputes arise, the limitation act (which specifies time limits for legal claims) will apply. This amendment protects families from losing inherited property due to old or sudden waqf claims, which were a common complaint in previous decades.
 
What happens to the existing Waqf properties?
 Properties with proper registration and documentation of waqf properties will continue to be managed by waqf boards. Furthermore, properties without proper documentation may lose their waqf status. All waqf institutions are now required to digitally update their records. In essence, the law safeguards genuine religious and charitable waqf properties while prohibiting misappropriation and false claims.

Conclusion
The Waqf (Amendment) Act of 2025 marked a watershed moment in how waqf properties are treated in India, with the reforms aiming to balance the protection of religious institutions with the safeguarding of individual property rights by eliminating undocumented claims, involving government officials in surveys, and mandating digital registration. The success of these changes has resulted in increased clarity and transparency in waqf property management, as well as the avoidance of manipulation and bias.

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