CHENNAI: The Madras High Court has held that a property can be declared as Waqf only if the owner makes a declaration of dedication for public purposes or the property is being vested in God and the owner divesting himself/herself of all his interest and title.
The ruling was given by Justice P B Balaji on a petition filed by M Sirajudeen Sayeed (deceased) and pursued by his legal heirs Zarina Sayeed and Shabana Sayeed challenging the declaration of their property as Waqf property, at Siruvadi village in Villupuram district, by the Tamil Nadu Waqf Board.
The petitioners’ case is that the Tamil Nadu Waqf Board, by an order dated November 3, 2009, registered their property as Waqf under the Waqf Act. The issue was taken to the court and later to the Tamil Nadu Waqf Tribunal in Chennai. The Tribunal upheld the order of the Board on October 11, 2022. Challenging this order, the civil revision petition was filed in the high court.
Advocate Balan Haridas, appearing for the petitioners, submitted that the Board had proceeded on a misreading of two deeds of 1910 and 1951. Moreover, he said the impugned notification was defective, for want of issuance of notice and opportunity to the other interested parties to be heard, and the board did not conduct an inquiry as per Section 40 of the Tamil Nadu Waqf Act.
Citing certain orders of the Supreme Court and the high court, the judge noted that a Waqf is created by declaration of endowment by the owner of the property, and upon such declaration, the property immediately vests in God Almighty.
He also said the necessary conditions for declaration of a property include – the owner of the property shall declare his intention to dedicate the property for public purpose and must divest himself completely of the ownership.
Setting aside the order of the Tamil Nadu Waqf Board, the judge said, “There is absolutely no indication that there has been dedication for public purposes, or properties being vested in God, the executants divesting themselves of all their interest and title in the schedule D property.”