Waqf Property Disputes in Kerala: The 2025 Amendment Act, Munambam Crisis, and Your Rights
Few property law issues in recent Indian history have generated as much public debate as the Waqf (Amendment) Act, 2025. In Kerala, the issue became deeply personal when hundreds of families in Munambam, a coastal village in Ernakulam district, discovered that land they had lived on for decades was classified as waqf property — potentially threatening their ownership. The 2025 Amendment Act was Parliament's response to systemic concerns about how waqf property is identified, claimed, and administered across India.
This article explains the legal framework of waqf property, the key changes introduced by the 2025 Amendment, and what property owners in Kerala need to know if their land faces a waqf claim.
What is Waqf Property?
Waqf (also spelled wakf) is an Islamic legal concept where a Muslim owner permanently dedicates their property for religious, pious, or charitable purposes. The key characteristics:
- Perpetuity: Once created, a waqf is permanent. The property can never revert to private ownership.
- Irrevocability: The dedication cannot be undone by the person who made it or their heirs.
- Inalienability: Waqf property cannot be sold, mortgaged, gifted, or inherited.
- Purpose-bound: The income must be used for the purpose specified by the waqif (the person who created the waqf).
Waqf can be created in two ways:
- Waqf by deed (waqf-alal-aulad): A property owner explicitly dedicates their property through a written deed.
- Waqf by user: Property that has been used for religious or charitable purposes for a long period is deemed to be waqf by virtue of its usage, even without a formal deed.
It is the second category — waqf by user — that has been the source of most disputes.
The Original Waqf Act, 1995
The Waqf Act, 1995 established the framework for administration of waqf properties in India. Key provisions that became controversial:
- Section 40: The Waqf Board could survey and identify waqf properties. Once the Board listed a property in the Survey of Waqf Properties, it was presumed to be waqf unless proven otherwise.
- Section 83: The Waqf Tribunal had exclusive jurisdiction over waqf disputes — civil courts could not entertain suits concerning waqf property.
- Unilateral designation: The Board could declare a property as waqf even without the knowledge or consent of the current occupant, and the burden of proof fell on the affected party to challenge it.
This framework created a situation where properties — including those owned by non-Muslims, government land, and land with clear private title chains — could be designated as waqf, often surprising the actual occupants.
The Munambam Crisis: A Case Study
The Munambam issue brought these legal complexities into sharp national focus. Here is what happened:
- Munambam is a coastal village in Ernakulam district, home to approximately 600 families, predominantly from the Latin Catholic fishing community.
- The families held registered sale deeds and had been living on the land for decades — some going back to the 1950s and 1960s.
- The Farook College Waqf, which reportedly held the original waqf deed for the area, claimed the land was waqf property.
- The Kerala Waqf Board supported this claim, and the Waqf Tribunal proceedings created uncertainty about the families' titles.
- Families who had paid property taxes, obtained building permits, and taken bank loans against these properties suddenly faced the prospect of losing their homes.
The Munambam situation illustrated the core tension: how to reconcile waqf claims rooted in historical religious endowments with the property rights of current bona fide occupants who purchased their land through legitimate channels.
The Waqf (Amendment) Act, 2025: Key Changes
Parliament passed the Waqf (Amendment) Act, 2025 to address the systemic issues. The major changes:
1. Waqf by User — Minimum 5-Year Requirement (Section 3A)
The amendment introduces a minimum threshold for waqf-by-user claims. Property can only be claimed as waqf by user if it has been used for religious or charitable purposes for a continuous period of at least 5 years. This prevents retrospective claims on properties with tenuous usage history.
2. Government Land Protection
One of the most significant changes: government properties can no longer be declared as waqf by user. Any existing waqf-by-user designation on government land is subject to review. This addresses the widespread problem of government land being classified as waqf without any formal endowment.
3. Collector-Led Verification
For waqf claims on government land, the District Collector now has the authority to verify and determine the validity of the claim. This introduces a revenue authority check that did not exist under the 1995 Act, where the Waqf Board's survey was largely self-certifying.
4. WAMSI Digital Portal
The amendment mandates the creation of the Waqf Assets Management System of India (WAMSI), a centralised digital portal that will:
- Maintain a comprehensive database of all registered waqf properties across India.
- Enable property owners to check if their land has been designated as waqf.
- Improve transparency in how waqf properties are identified and administered.
- Provide a digital record trail for all waqf-related transactions and decisions.
5. Non-Muslim Property Protection
The amendment explicitly provides that property belonging to non-Muslims cannot be declared as waqf property. This is a direct response to cases — like aspects of the Munambam situation — where non-Muslim property owners found their land designated as waqf.
6. Composition of Waqf Boards
The amendment changes the composition of Waqf Boards to include non-Muslim members and women, aiming for broader representation and reducing the perception of self-interested decision-making.
How to Check If Your Property Has a Waqf Claim
If you own property in Kerala and are concerned about a potential waqf claim, take these steps:
- Check the WAMSI portal — The digital database is being populated and should be your first stop.
- Contact the Kerala State Waqf Board — Request information about whether your property or the surrounding area appears in the Board's Survey of Waqf Properties.
- Examine your encumbrance certificate — Obtain a fresh EC from the Sub-Registrar for the maximum available period. Any waqf-related notation should appear here.
- Check Village Office records — The Village Officer maintains land records. Ask specifically whether any waqf notation exists against your survey number.
- Review your title chain — Engage a lawyer to trace your title back as far as possible. An unbroken chain of private ownership is your strongest defence against a waqf claim.
What to Do If Your Property Is Wrongly Listed
If you discover that your property has been incorrectly designated as waqf:
Challenge Before the Waqf Tribunal
The Waqf Tribunal (constituted under Section 83 of the Waqf Act in each state) is the primary forum for challenging waqf designations. File an application for:
- Declaration that the property is not waqf.
- Removal of the property from the Survey of Waqf Properties.
- Injunction against the Waqf Board from interfering with your possession.
Evidence to present: Registered sale deeds, property tax receipts, survey records, building permits, bank mortgage documents, and any other evidence of your bona fide ownership and possession.
Approach the District Collector
Under the 2025 Amendment, if the claim involves government land or land with a government grant history, the District Collector's office is an additional avenue for verification and resolution.
High Court Writ Jurisdiction
If the Tribunal process is inadequate or delayed, affected property owners can approach the High Court of Kerala under Article 226 of the Constitution for a writ of certiorari (to quash the waqf designation) or mandamus (to direct the Waqf Board to remove the listing).
Practical Advice for Property Buyers in Kerala
For anyone purchasing property in Kochi, Kozhikode, Thrissur, or anywhere in Kerala:
- Always conduct a waqf check as part of your due diligence, alongside the standard title search and encumbrance certificate.
- Obtain a non-waqf certificate if the property is in an area known to have waqf properties nearby.
- Check the WAMSI portal before finalising the purchase.
- Insist on title insurance if available, particularly for high-value purchases in areas with historical waqf claims.
Conclusion
The Waqf (Amendment) Act, 2025 represents a significant rebalancing of the legal framework governing waqf property in India. For Kerala — a state with a substantial Muslim population and complex land history — the amendments bring both clarity and new procedural safeguards for property owners. Whether you are a homeowner in Munambam, a buyer conducting due diligence in Thrissur, or an NRI verifying your ancestral land in Kozhikode, understanding these changes is now essential to protecting your property rights.
If you have concerns about a waqf claim on your property or need guidance navigating the new legal framework, professional legal assistance is crucial. Book a consultation with Advocate Anakha S for a detailed assessment of your situation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Waqf law involves sensitive religious and property matters that require careful, fact-specific analysis. The legal position described reflects the Waqf (Amendment) Act, 2025 as passed by Parliament. Consult a qualified advocate for advice tailored to your specific circumstances.
Frequently Asked Questions
What is waqf property and can it be sold?
Waqf is an Islamic endowment where a Muslim owner permanently dedicates property for religious or charitable purposes. Once validly created, waqf property is considered dedicated to God and cannot be sold, gifted, inherited, or transferred. It is perpetual and irrevocable. The income from the property is used for the purposes specified by the person who created the waqf (the waqif). This permanence is what makes waqf claims particularly consequential for affected property owners.
How do I check if my property in Kerala has a waqf claim?
Under the 2025 Amendment, you can check through the WAMSI (Waqf Assets Management System of India) digital portal, which maintains a centralised database of all registered waqf properties. You should also check with the Kerala State Waqf Board and examine the Survey of Waqf Properties maintained by the Board. Additionally, obtain an encumbrance certificate from the Sub-Registrar and verify land records at the Village Office to check for any waqf notations.
What can I do if my property is wrongly listed as waqf property?
Under the 2025 Amendment Act, you can challenge a waqf designation before the District Collector, who now has authority to verify waqf claims on government land. For private property disputes, the Waqf Tribunal (constituted under the Act in each state) is the primary forum. You can file an application for removal of the waqf designation, supported by your title documents, sale deeds, tax receipts, and possession evidence. The amendment also provides that non-Muslim property cannot be declared as waqf, which strengthens challenges by non-Muslim property owners.