Not every grave or dargah is the property of the ‘Waqf Board’! – Madras High Court

• Landmark judgement by the Madras High Court

• Court rules that Official documents must be submitted to prove ownership of a property!

• Court says the Waqf Board cannot claim ownership over properties merely because they are associated with Islamic religious activities!

Chennai – “Every grave or dargah does not automatically become Waqf property,” ruled Madras High Court Justice K. Govindrajan Thilakavadi while rejecting the Waqf Board’s claim over a 240-year-old dargah in Chennai’s Triplicane area. With this the Court also set aside the Tamil Nadu Waqf Board’s order registering this dargah as Waqf property.

The Court said that the Waqf Board cannot automatically take over a property, merely because it is being used for Islamic religious activity. The Waqf Board must submit official documents to establish its claim over a property. According to Muslim law, a property becomes Waqf property only when a Muslim permanently donates it for religious purposes.

The Court also set aside the Tamil Nadu Waqf Board’s proposal to appoint a ‘Mutawalli’ (manager) for the Sayyad Habibullah Shah Qadri Arif Rabbani Hazrat Dargah in Triplicane. The Board had directed the registration of the property under the Waqf Act without completing the mandatory survey.