The New Waqf Registration Mandate: Navigating the UMEED Portal, "Waqf by User," and the Role of the District Collector
The legal landscape regarding Waqf properties in India is undergoing its most significant transformation in decades. With the introduction of the UMEED (Unified Waqf Management, Empowerment, Efficiency and Development) portal and the stringent digitization mandates under the WAMSI (Waqf Assets Management System of India) framework, Mutawallis and Mosque committees are facing an unprecedented compliance crisis.
As the December 2025 deadline looms—subject to Hon'ble Supreme Court intervention—confusion remains high regarding the validity of properties held under the doctrine of "Waqf by User." This blog addresses the most critical questions based on the latest amendments and procedural changes.
Part 1: The New Digital Compliance (UMEED/WAMSI)
Q1: What is the mandatory requirement under the UMEED Portal?
The Central Government has mandated that all Waqf properties must be digitized. The UMEED portal acts as a centralized database. The requirement involves:
- Geo-tagging: Precise location data of the property.
- Document Upload: Scanned copies of ownership documents (Waqfnama, Title Deeds, or Revenue Extracts).
Q2: I have been a Mutawalli for 20 years. My property is listed with the State Board. Do I still need to upload data?
Yes. Previous listing with the State Waqf Board is often physical or legacy data. The new mandate requires this data to be validated and uploaded to the central digital server. If your State Board has not completed this migration, or if documents are missing, the central system will show your property status as "Pending" or "Invalid."
Part 2: The "Waqf by User" Controversy
Q3: What does the removal of "Waqf by User" mean for old mosques?
Historically, under Islamic Law and previous Indian statutes, a property could be declared Waqf based on "Waqf by User"—meaning if a plot of land had been used continuously as a mosque, graveyard, or durgah for a long period, it was legally considered Waqf, even without a written deed.
The New Legal Stance: The proposed amendments seek to remove "Waqf by User" from the definition. A valid Waqfnama (Deed of Waqf) is now effectively required to prove ownership.
The Impact: Hundreds of properties relying on oral dedication or centuries of usage are at risk of de-recognition unless secondary evidence is produced.
Q4: We do not have a Deed/Waqfnama. What documents can save our property?
If a formal Waqf Deed is missing, you must immediately secure "Secondary Evidence" to prove possession and classification:
- Revenue Extracts (Adangal/Jamabandi): Showing land classification as 'Palli Paramba' or similar religious designation.
- Settlement Registers: Records from pre-independence or early post-independence surveys.
- Old Pattas: Any government-issued land document in the name of the Mosque/Committee.
- Gazette Notifications: Previous notifications where the property was gazetted as Waqf.
Part 3: The Collector vs. The Tribunal
Q5: Who decides if a property is Government Land or Waqf?
This is the most controversial shift in administrative power:
- Previously: Under Section 83 of the Waqf Act, 1995, the Waqf Tribunal (a judicial body) had exclusive jurisdiction.
- Currently: The power is shifting to the District Collector (Executive/Revenue Authority). The Collector can survey and decide if a property is valid Waqf or "Government Land."
Legal Implication: If the Collector decides a property is Government land, the entry in the Waqf register can be cancelled, and the property resumed by the State.
Q6: Can we challenge the District Collector’s decision?
Yes, but the burden of proof has shifted. You will likely have to approach the High Court (under Article 226) or the Civil Court challenging the Collector’s survey report. This makes having your documentation ready before the survey crucial.
Part 4: Immediate Actions & The Supreme Court
Q7: What should a Mutawalli do immediately?
- Login to UMEED: Check if your property is visible and the data is accurate.
- Audit Documents: If the "Deed" column is empty, consult a lawyer to draft a "Memorandum of Waqf" based on oral dedication or gather revenue records.
- File a Caveat: If you fear the government might declare your specific property as disputed, filing a legal Caveat may prevent ex-parte orders against the property.
Conclusion
The transition from a "faith-based" possession system to a "document-based" digital system is aggressive. The presumption of Waqf status based on long-term usage is being eroded. For Mosque committees and Mutawallis, this is not just an administrative task—it is a battle for the legal survival of the property.
Office of M S Sulthan Legal Associates
For legal assistance regarding Waqf property registration, disputes with the Waqf Board, or filing objections before the District Collector, please refer to the contact details below.
