The decision aligns with the Waqf Act, 2025, which mandates formal registration for all waqf properties. The Act abolishes the 'waqf by user' doctrine, a provision that previously allowed properties to be recognized as waqf based on long-standing religious or charitable use without formal documentation. The government asserts that this change is necessary to prevent misuse and unauthorized claims over public and private lands.
According to the Waqf Assets Management System of India , there are approximately 4.02 lakh properties classified as 'waqf by user' across the country. These properties, lacking formal registration, will not be included in the new portal's database. The Ministry of Minority Affairs emphasizes that only properties with proper documentation and registration will be considered valid waqf assets under the new system.
The Supreme Court has expressed concerns over the removal of the 'waqf by user' provision, cautioning that it could lead to the erasure of longstanding religious properties. The Court has issued an interim order preventing the de-notification of properties declared as waqf by judicial decree, including those recognized under the 'waqf by user' category, until the final disposal of the case.
The Waqf Act, 2025, also introduces measures to address the issue of encroachment on waqf properties. Official data indicates that nearly 58,929 waqf properties are currently facing encroachment, highlighting the need for stricter oversight and enforcement mechanisms.
Critics argue that the centralization of waqf property registration through the new portal may infringe upon the rights of state governments, as land and religious endowments fall under the State List of the Constitution. They contend that the move could lead to conflicts between central and state authorities over jurisdiction and control of waqf assets.