Waqf Act: SC Clarifies Civil Courts Retain Jurisdiction Over Unregistered Properties
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News18•28-01-2026, 22:15
Waqf Act: SC Clarifies Civil Courts Retain Jurisdiction Over Unregistered Properties
- •The Supreme Court ruled that Waqf tribunals' jurisdiction is limited to properties notified in the 'list of auqaf' or registered under the Waqf Act.
- •Civil courts are not automatically divested of jurisdiction under Section 85 of the Waqf Act, 1995, for properties not falling under the tribunal's purview.
- •Section 85 of the Act bars civil court jurisdiction only for matters related to tribunal orders or proceedings.
- •Justices Sanjay Kumar and K Vinod Chandran made this observation while overturning a Telangana High Court judgment concerning an unregistered property.
- •The top court emphasized that there is no absolute ouster of civil court jurisdiction, especially for properties not specified in the 'list of auqaf'.
Why It Matters: Supreme Court clarifies Waqf tribunals' limited jurisdiction, affirming civil courts' role for unregistered properties.
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