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 is not just a simple listing; it involves geo-tagging and uploading ownership documents (Waqfnama/Title Deeds).

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 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," leaving it vulnerable to acquisition or encroachment claims.

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 recent amendments and the current administrative approach seek to invalidate "Waqf by User."

• The Change: A valid Waqfnama (Deed of Waqf) or a dedicated title document is now effectively required to prove ownership.
• The Impact: Hundreds of properties that relied on oral dedication or centuries of usage are now at risk of being de-recognized unless secondary evidence (Revenue Extracts/Adangal) 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. Valid documents include:

• Revenue Extracts (Adangal/Jamabandi): Showing the 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 the administrative power structure:

• Previously: Under Section 83 of the Waqf Act, 1995, the Waqf Tribunal (a judicial body) had the exclusive jurisdiction to decide title disputes.
• Currently: The power is shifting to the District Collector (Executive/Revenue Authority). The Collector now has the power to survey and decide if a property is a valid Waqf or essentially "Government Land."

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 depending on the specific amendment notification, 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 is the status of the deadline extension?

As of late November 2025, petitions filed by the All India Muslim Personal Law Board (AIMPLB) and others are pending before the Supreme Court (Hearing set for Dec 1, 2025). They are seeking an extension of the deadline and a stay on the "Collector's power" to determine titles.

Q8: What should a Mutawalli do immediately?

• Login to UMEED: Check if your property is visible.
• Audit Documents: If the column for "Deed" is empty, consult a lawyer to draft a "Memorandum of Waqf" based on oral dedication or gather revenue records to upload.
• 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.