The Supreme Court has reaffirmed the statutory deadline for registering waqf properties under the Waqf (Amendment) Act, 2025, rejecting requests to grant a blanket extension. The ruling, delivered on Monday by a bench comprising Justices Dipankar Datta and AG Masih, places the responsibility on property owners to seek individual extensions through the waqf tribunal.
The court’s decision comes as the six-month registration period approaches its conclusion. Under Section 3B of the amended Act, all waqf properties must be formally registered. While petitioners including All India Majlis-e-Ittehadul Muslimeen (AIMIM) Chief Asaduddin Owaisi had sought additional time, the bench emphasised that the law already contains provisions for tribunal-based extensions.
“We have examined Section 3B and the provisions are clear. Parties can approach the tribunal if six months is insufficient,” the bench stated, declining to issue a general extension. The judges also chose not to intervene regarding issues with the UMEED portal (Unified Waqf Management, Empowerment, Efficiency, and Development), which facilitates online waqf registration.
During the hearing, Senior Advocate Abhishek Manu Singhvi argued that compliance may be difficult within the current timeframe. Solicitor General Tushar Mehta countered that registration of waqfs has existed since 1929 and that statutory time limits under Section 3B cannot be altered by judicial direction. “There is a provision for extension via the tribunal,” he added.
Senior Advocate Kapil Sibal highlighted the practical implications for waqf administrators, noting that nearly 10 lakh mutawallis may be required to individually approach the tribunal if no general extension is granted. The Court responded that tribunal adjudication on a case by case basis would allow flexibility.
Concerns regarding the UMEED portal’s functionality were also raised. Sibal submitted that users were experiencing difficulties uploading property information and proposed submitting a list of technical glitches. The Court, however, declined to examine these claims without documented evidence. “If the portal is operational, as the Solicitor General asserts, proof must be provided to challenge this,” the bench said.
According to submissions, only around 10% of waqf properties have been successfully registered on the portal so far. Lawyers emphasised that rural properties and those lacking digital records present significant challenges. Advocate Nizam Pasha noted that digitisation has been slow, taking over a decade to reach current levels, while Senior Advocate MR Shamshad clarified that the details of already registered properties are maintained by the respective waqf boards.
The UMEED portal, launched on 6 June, is intended to streamline waqf registration nationwide. The Court’s ruling leaves the portal’s adoption to individual users and tribunals rather than a centralised judicial intervention. This approach aligns with the principle that statutory processes, including tribunal recourse, should manage compliance rather than judicial fiat.
For property holders, the Supreme Court’s decision underscores the importance of adhering to deadlines while recognising that the legal system provides mechanisms to address genuine difficulties. It also highlights ongoing tensions between legislative timelines, technological infrastructure, and on the ground challenges in digitising waqf property records.
In essence, while the Court has maintained the statutory schedule, property owners facing real obstacles are advised to proactively engage with tribunals to ensure compliance. The ruling strikes a balance between enforcing legal requirements and accommodating practical hurdles, signalling a cautious but firm stance on waqf registration.
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