Explained: What is Waqf by User?
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The Supreme Court on Thursday resumed hearing petitions that have challenged the Waqf Amendment Act, 2025, with key concerns raised about the removal of the concept of ‘waqf by user’. This clause, which has been part of Waqf property recognition in India for decades, was omitted in the latest amendment, raising fears that thousands of longstanding religious properties may lose their legal status.
Appearing for the Central government, Solicitor General Tushar Mehta defended the new amendment, saying there was growing concern over large portions of land being declared as Waqf without proper documentation. He said such declarations had created confusion and controversy in many parts of the country.
However, the Supreme Court bench led by Chief Justice of India (CJI) expressed strong reservations about the deletion of ‘waqf by user’. On Wednesday, the bench had clearly warned that the change in law could impact the status of thousands of properties that have been used for religious or charitable purposes for decades—especially those in villages and older urban areas where formal land documents were never created.
During Thursday’s hearing, the Court granted seven days’ time to the Centre to file a detailed preliminary response on the matter.
"Genuine Properties Will Be Affected Too": Supreme Court’s Concern
Raising a crucial question, the CJI asked the Centre, “How will you register such waqfs by user? What documents will they have? It will lead to undoing something. Yes, there is some misuse. But there are genuine ones also.”
The bench highlighted that many waqf properties have been recognised by courts based on long-standing use, not on paper deeds. It added that any move to undo this recognition—by de-notifying such properties—would not be right while the matter is still being heard.
The top court made it clear that waqf properties already declared by courts—whether through written deeds or based on usage—should not be touched until the challenge to the Waqf Amendment Act 2025 is fully examined.
What is ‘Waqf by User’?
In this context, the idea of ‘Waqf by user’ becomes important to understand.
‘Waqf by user’ refers to properties that may not have formal Waqf deeds or registration but have been in continuous public use for religious or charitable purposes—such as mosques, dargahs, graveyards, madrassas, or wells—often for several generations. These properties are treated as Waqf based on usage, not documents.
This concept allowed many old religious properties, especially in rural and semi-urban India, to be protected under Waqf laws, even if no official records were available. The logic was that community usage and religious practice over time was enough proof of the property's nature.
But the Waqf Amendment Act 2025 proposes to remove this recognition, stating that only those waqfs that are properly documented should be registered. This has now led to a legal challenge in the Supreme Court.
Legal Backing in India
The concept of Waqf by user is recognised under The Waqf Act, 1995, and earlier under The Mussalman Waqf Validating Acts during British rule.
Under the Waqf Act, 1995, the State Waqf Boards are allowed to identify, survey and register Waqf properties. While some Waqf properties have formal written deeds, others are registered based on field surveys, public evidence, and usage patterns.
This is particularly important in villages and older towns, where many mosques, dargahs, and graveyards were built centuries ago without formal registration.
Examples of Waqf by User
A small mosque in a village has been used for namaz for over 100 years, but there is no official document showing who donated the land. It is still considered Waqf by user.
A piece of land is being used as a Muslim graveyard for decades. Even if there is no title deed in the Waqf Board's name, the Board can register it as Waqf by user.
A dargah visited by people for generations without any formal land record can be listed as Waqf by user during official surveys.
How is ‘Waqf by User’ Recognised?
The process usually involves the following steps:
Waqf Survey Commissioner conducts a detailed survey in each state.
During the survey, locals and community leaders are consulted.
Properties that have been in religious or charitable use over time are identified.
These are registered under the State Waqf Board, even if no one comes forward as the donor.
The property is then protected under Waqf law.
The registered name in revenue or municipal records may still show as “government land” or “public land”, but once it is declared Waqf by user, it cannot be sold, transferred, or misused.
Why the Controversy?
The Centre argues that many properties have been wrongly declared as Waqf under the ‘waqf by user’ category, leading to land ownership disputes and encroachments. Critics, however, say the removal of this clause could wipe out legal recognition of genuine Waqf properties, especially in areas where such assets were created generations ago without written donations.
The Supreme Court’s current observation suggests that the court may lean towards a more balanced approach—recognising that while there may be misuse, the removal of ‘waqf by user’ entirely would also harm legitimate religious institutions and community properties.
What Next?
The Supreme Court has asked the Centre to clarify how it plans to deal with such properties in the absence of ‘waqf by user’ recognition. The next steps in the hearing will determine whether the amendment stands or whether changes will be suggested to protect historically used religious lands.
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Vartha Bharati–Sankalp predictions align closely with Karnataka bypoll results
Bengaluru: The Vartha Bharati–Sankalp election analysis has shown a high level of accuracy in predicting the outcome of the recent Karnataka Assembly by-elections held in May 2026, correctly calling winners in both constituencies and closely estimating vote share trends.
The by-elections were held in Bagalkot and Davanagere South, drawing significant political attention as both seats were seen as key tests for the ruling Congress and opposition BJP.
According to the analysis, Vartha Bharati–Sankalp had made three major projections ahead of the results the winning party, vote share percentages, and margin of victory.
In both constituencies, the platform accurately predicted that the Congress would emerge victorious. The outcome matched the projections, with Congress candidates winning in Bagalkot and Davanagere South.
In terms of vote share, the predictions were largely in line with the final results. In Bagalkot, the BJP’s vote share was forecast in the range of 40 to 46 per cent, while the actual figure stood at 42.9 per cent. The Congress vote share, however, exceeded expectations, with the party securing 55.4 per cent against a projected range of 43 to 48 per cent.
The margin of victory in Bagalkot turned out to be significantly higher than anticipated. While the projection had placed the margin between 2,000 and 3,500 votes, the final margin was around 22,332 votes.
In Davanagere South, the predictions also remained largely accurate. The Congress vote share was projected between 43 and 51 per cent, and the final figure stood at 43.9 per cent. The BJP was expected to secure between 42 and 50 per cent but ended with 40.3 per cent.
The analysis had also identified the role of SDPI as a potential spoiler in the constituency. While its vote share was estimated around 6 per cent, the party eventually secured around 12 per cent of the vote.
The margin of victory in Davanagere South was predicted to be between 1,500 and 2,600 votes. The actual margin was higher at around 5,708 votes, though the contest remained relatively close as anticipated.
Overall, the performance of Vartha Bharati–Sankalp stood out for correctly identifying the winning parties in both seats and maintaining close accuracy in vote share estimates, with only limited deviations in specific cases.
