WAMSI is a GOI Ministry of Minority Affairs portal that lists Waqf properties in various States and the UT of India. The list of Waqf properties, stated in the WAMSI portal is not comprehensive covering all the supposed Waqf Properties.

There are properties listed as “ZERO” Area or as “TO BE DELETED”, and many registered Waqf Estates have not been uploaded. This is  prima facie evidence of irregularity or violation of the provisions of this Act

Documents that contain Waqf Properties:

The larger issue of finding the missing Waqf Properties which are not listed in the WAMSI portal, requires a systematic approach with adequate resources, and a legal approach to take up the issues, if required, at Tribunal/Court levels.

• British India Land Alienation Records for each District were compiled around 1860 and are with either the Tahsildar or with the Collector. Retrieving the supporting documents is a herculean task, and getting these Auqaf Registered with Waqf Board and ensuring the relevant data is uploaded in WAMSI Portal.

• Waqf Documents such as Schedule-I and Schedule-II and other documents that were with Charity Commissioner before the Waqf Act 1995. Ensuring that these Auqaf are Registered and Data is uploaded in the WAMSI portal.

• There are many Auqaf, especially in rural areas that have been passed from generation to generation as property of Inamdar’s and many have been alienated by the so-called trustees. These properties need to be documented and legal proceedings to be initiated as per the definition of Waqf stated in Section 104A: “[ (1) Notwithstanding anything contained in this Act or any other law for the time being in force or any waqf deed, no person shall sell, gift, exchange, mortgage or transfer any movable or immovable property which is a waqf property to any other person. (2) Any sale, gift, exchange, mortgage or transfer of property referred to in sub-section (1) shall be void ab initio.]

Public Interest Litigation:

• The Waqf Act 1995-Amended states in Section 32-(1): “Provided that in exercising its powers under this Act in respect of any Waqf, the Board shall act in conformity with the directions of the Waqf, the purposes of the Waqf and any usage or custom of the Waqf sanctioned by the school of Muslim law to which the Waqf belongs.”

• PIL against corrupt stakeholders who have misappropriated Waqf Properties for personal gains, and who have sold Waqf Properties to Developers, and individuals against the directions and the purpose of Waqf as stated in Farmans and Inscriptions, Sanads, Grants, Waqfnama, and any document confirming it to be a Waqf Property as defined in the Waqf Act 1995 – Amended under Section-3.