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Private land owners/buyers of waqf land


25-Oct-2023 (In Property Law)
Bought a piece of land in South India from a non muslim owner who was holding land for several years in early 2000's. After about 3 years, it came to be known as Waqf property and all transactions are stand still in the area(about few 100 acres). What do we do? Just hold onto it and do nothing? Is there any chance some kind of regularization with compensation will be worked out for all waqf properties sometime in future? What is the fate of all the private property owners that got entangled into this mess?
Answers (1)

Answer #1
664 votes
You claim the amount paid to your vendor through a separate case and file cheating case against him. You can also claim property from waqf board saying that the property does not belongs to waqf board. usually sale deed have indemnity clause through which you can claim your money back which is safe considering you have done your research that the land belongs to waqf board.
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How much land does the Waqf Board own?

Waqf Board is the third largest land owner after Railways & Defense. According to the Sachar Committee report (2006), there are 5 lakh properties encompassing 6 lakh acres with a value of 2 lakh crore. They occupy public spaces like roads, railways, parks, etc. for Namaz. 22-Apr-2023

What is the legal status of waqf property?

Ownership of the founder ceases to exist and waqf properties cannot be gifted, sold or inherited either by him or his beneficiaries. The waqf propertys substance ceases to be private property.

What is the Supreme Court decision on Waqf Board property?

Aiman J. Chishti. The Supreme Court, while dismissing the appeal for recognition of land as wakf, observed that the conduct of a survey under Section 4 (of the Wakf Act of 1954) before declaring property as wakf is a sine-qua-non. The bench of Justice Pankaj Mithal, and Justice V.

  

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