Every Grave Or Dargah Not Automatically Waqf Property; Waqf Board Can't Take Control Merely Because It Has Muslim Religious Use : Madras HC

Now the interesting bit for anyone tracking the Waqf debate. The Madras High Court has set aside a Tamil Nadu Waqf Board order that declared a 240-year-old dargah as Waqf property. Justice Govindarajan Thilakavathi said a property can only become Waqf if it's surveyed and notified following the procedure in the Waqf Act. So basically, the court held that not every grave or dargah automatically counts as Waqf just because it has Muslim religious use. What this really means is the Board can't claim land without due process. Bottom line for the exam, tie this to the Waqf Act and the recent Waqf law amendments that CLAT loves to test.