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New Delhi/Hyderabad’May 8 (PMI) The recently introduced Waqf Bill 2025 has sent shockwaves across the country, especially among Mutawallis (trustees) and custodians of historical waqf properties. According to provisions outlined in the new legislation, several long-term leases issued during the Nizam era, including 99-year lease agreements made before India’s independence or shortly after, have now been declared legally untenable.
According to reliable sources which confirm that many such properties, especially in Hyderabad, were leased out for nominal sums during the Nizam’s reign, often under departments such as Amoor-e-Mazhabi. These arrangements continued for decades, but the new law, backed by recent Supreme Court and High Court judgments, now clearly states that such leases lack legal validity unless explicitly approved and renewed by the current State Waqf Boards.
❝No One Can Claim Perpetual Ownership on Waqf Land: Court Observations❞
Legal experts cite that the apex courts have repeatedly emphasized that waqf land is meant for perpetual public or religious use, and no private party can claim ownership or enjoyment through outdated agreements that bypass the Waqf Act’s framework.
“Even if a 99-year lease was granted in 1950, it does not override the Waqf Board’s authority today,” a senior advocate of the Supreme Court remarked. “The courts have made it clear — waqf property cannot be alienated, sold, or permanently leased without approval of the Board under current law.”
Trustees Caught in a Legal Dilemma
Many Mutawallis managing age-old waqf estates now express concern over the status of such properties, especially where lessees have failed to register or renew agreements with the Waqf Board.
“These properties were once given in good faith. Today, the same agreements are being declared void,” said a trustee from Hyderabad’s old city. “There is fear of legal action, eviction, or even criminal proceedings if found in violation of the new law.”
Government’s Clear Stand: Restore Control to Waqf Board
The Ministry of Minority Affairs reiterated that the Waqf Board is the sole custodian of all registered waqf properties in the country. All long-term leases, sales, or transfers without prior sanction stand automatically void under the Waqf Bill 2025.
Meanwhile, the Telangana State Waqf Boardshall launch a review committee to examine such pre-1950 leases and initiate legal proceedings wherever necessary.
The new law is seen as a step toward reclaiming and protecting waqf assets that have long been misused or encroached upon, but it has also raised alarms for those who were in peaceful possession under past arrangements.Readers and stakeholders are advised to verify this information independently with legal experts or the relevant Waqf Board. This report is based on available inputs, and we do not assume legal responsibility for individual actions taken based on this information.(pressmediaofindia.com)
