Key changes in the Waqf (Amendment) Bill, 2025

New Delhi: Union Minority Affairs Minister Kiren Rijiju introduced the Waqf (Amendment) Bill, 2025, in the Lok Sabha on Wednesday proposing a sweeping overhaul of the Waqf Act, 1995, to address decades-long issues of mismanagement, corruption, and property disputes in the Waqf system. 

The bill, officially titled the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Act, 1995, incorporates recommendations from the Joint Parliamentary Committee (JPC), which finalised its report in February 2025 after extensive consultations.

With the National Democratic Alliance (NDA) commanding 293 seats in the 542-member Lok Sabha, the legislation is poised for passage, though it faces vehement opposition from the INDIA bloc and Muslim organisations.

The bill’s 44 amendments aim to enhance transparency, accountability, and inclusivity in managing over 8.72 lakh registered Waqf properties spanning 9.4 lakh acres—the third-largest landholding entity in India after the Armed Forces and Indian Railways.

Key changes in the Waqf (Amendment) Bill, 2025

Renaming the Act

The Waqf Act, 1995, is renamed the Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Act, 1995, signaling a broader focus on empowerment and streamlined administration.

Redefining Waqf eligibility

Only individuals practicing Islam for at least five years and owning the property outright can declare a Waqf, aiming to prevent fraudulent or ambiguous claims.

Repeal of Section 40: End of Waqf Board’s unilateral authority

The bill eliminates Section 40, which previously allowed Waqf Boards to independently determine whether a property was Waqf. This power now shifts to a senior state government official (e.g., Deputy Collector or higher), with appeals directed to the High Court within 90 days. This reform addresses widespread criticism of arbitrary land claims by Waqf Boards.

Elimination of ‘Waqf by user’

The provision recognising properties as Waqf based on prolonged religious use (without formal documentation) is removed. Existing registered “Waqf by user” properties remain valid unless disputed or identified as government-owned, balancing legacy claims with clarity.

Centralised registration and digitisation

All Waqf properties must be registered on a central online portal within six months of the Act’s commencement (extendable by Waqf Tribunals). Mutawallis (custodians) are required to file financial accounts digitally, aiming to curb mismanagement and enhance transparency.

Inclusion of non-Muslims and women

The Central Waqf Council and State Waqf Boards must include at least two non-Muslim members and two women, alongside representatives from Shia, Sunni, Bohra, Aghakhani, and backward Muslim communities. This diversifies governance but has sparked debate over religious autonomy.

Separate boards for Bohra and Aghakhani communities

Distinct Waqf Boards are established for Bohra and Aghakhani Muslims, recognizing their unique practices and ensuring tailored administration.

Government property exclusion

Properties identified as government-owned cease to be recognised as Waqf, with ownership disputes adjudicated by the designated state official. This resolves conflicts, such as those in Uttar Pradesh, where 78% of claimed Waqf properties were recently reclassified.

Inheritance safeguards in Waqf-alal-aulad

Waqf-alal-aulad (family endowments) must not deny inheritance rights, particularly to women, aligning with gender equity principles and addressing historical misuse.

Mutawalli accountability and penalties

Mutawallis face stricter oversight, with mandatory record-keeping and penalties for non-compliance (e.g., failing to register properties or submit accounts). This strengthens enforcement and reduces financial irregularities.

Fresh surveys by state authorities

The bill mandates new surveys of Waqf properties by state officials, replacing the 1995 Act’s reliance on Waqf Board-led surveys under Section 4. This aims to verify claims systematically and resolve disputes over undocumented properties.

Streamlined registration process

The registration process is updated to require detailed documentation of Waqf deeds and properties on the central portal, reducing ambiguity and litigation.

No retrospective ownership changes unless disputed

Existing Waqf properties registered before the Act’s commencement retain their status unless they are disputed or identified as government property, providing stability to undisputed assets.