MAINTENANCE OF ACCOUNTS OF AUQAFCentral

Section 52 of The Waqf Act, 1995

52. Recovery of 1[waqf] property transferred in contravention of section 51.--- (1) If the Board is satisfied, after making any inquiry in such manner as may be prescribed, that any immovable property of a 1[waqf] entered as such in the register of 1[waqf] maintained under section 36, has been transferred without the previous sanction of the Board in contravention of the provisions of section 51 2[or section 56], it may send a requisition to the Collector within whose jurisdiction the property is situate to obtain and deliver possession of the property to it.

(2)On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the person in possession of the property to deliver the property to the Board within a period of thirty days from the date of the service of the order.
(3)Every order passed under sub-section (2) shall be served---
1. (a)by giving or tendering the order, or by sending it by post to the person for whom it is intended; or
2. (b)if such person cannot be found, by affixing the order on some conspicuous part of his last known place of abode or business, or by giving or tendering the order to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the property to which it relates: Provided that where the person on whom the order is to be served, is a minor, service upon his guardian or upon any adult male member or servant of his family shall be deemed to be the service upon the minor.
(4)Any person aggrieved by the order of the Collector under sub-section (2) may, within a period of thirty days from the date of the service of the order, prefer an appeal to the Tribunal within whose jurisdiction the property is situate 3****.
(5)Where an order passed under sub-section (2) has not been complied with and the time for appealing against such order has expired without an appeal having been preferred or the appeal, if any, preferred within that time has been dismissed, the Collector shall obtain possession of the property in respect of which the order has been made, using such force, if any, as may be necessary for the purpose and deliver it to the Board.
(6)In exercising his functions under this section the Collector shall be guided by such rules as may be provided by regulations.

Summary

If waqf property is transferred to someone without the Board's permission, the Board can take action to get it back.
The Board must first hold an inquiry to confirm the property was transferred illegally in violation of the rules.
Once satisfied, the Board sends a written request to the Collector, who is the local government head of the district.
The Collector then orders the person currently living there or using the property to give it back to the Board within thirty days.
If the person does not leave and does not win an appeal, the Collector has the power to use force to remove them and return the property.

Practical examples

1An old manager sold a waqf-owned house to a local merchant without the Board's approval. The Board finds out, checks their records, and sends a request to the Collector. The Collector tells the merchant he must move out in 30 days.

2A businessman took a 99-year lease on waqf land from a mutawalli who never told the Board. Since this violates the law, the Board asks the Collector to recover it. The businessman tries to stay, but the Collector uses his authority to take the land back.

FAQ

1. Who does the Board contact to recover property under Section 52 of The Waqf Act, 1995?

The Board sends a requisition to the Collector of the district where the property is located under Section 52 of The Waqf Act, 1995.

2. How much time does a person have to return property under Section 52 of The Waqf Act, 1995?

Once the Collector issues an order under Section 52 of The Waqf Act, 1995, the person in possession must deliver the property within thirty days.

3. Can a person appeal an order made under Section 52 of The Waqf Act, 1995?

Yes, any aggrieved person can appeal to the Tribunal within thirty days of being served with the Collector's order under Section 52 of The Waqf Act, 1995.

4. What happens if someone refuses to leave after an order under Section 52 of The Waqf Act, 1995?

If the order is not followed and no appeal is successful, Section 52 of The Waqf Act, 1995, allows the Collector to use force to take possession and deliver it to the Board.

Test yourself

Q1.Under Section 52 of The Waqf Act, 1995, the Board acts when property is transferred without sanction in violation of which other section?

Q2.According to Section 52 of The Waqf Act, 1995, who issues the order to the person in possession to deliver the property?

Q3.Under Section 52 of The Waqf Act, 1995, how long does a person have to deliver the property after the Collector's order?

Q4.What is the final step for the Collector under Section 52 of The Waqf Act, 1995, if a person ignores the order to leave?

51PreviousSection 51 Alienation of waqf property without sanction of Board to be void.52ANextSection 52A Penalty for alienation of waqf property without sanction of Board.

←Section 51 Section 52A→

MAINTENANCE OF ACCOUNTS OF AUQAFCentral

Section 52 of The Waqf Act, 1995

(2)On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the person in possession of the property to deliver the property to the Board within a period of thirty days from the date of the service of the order.
(3)Every order passed under sub-section (2) shall be served---
1. (a)by giving or tendering the order, or by sending it by post to the person for whom it is intended; or
2. (b)if such person cannot be found, by affixing the order on some conspicuous part of his last known place of abode or business, or by giving or tendering the order to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the property to which it relates: Provided that where the person on whom the order is to be served, is a minor, service upon his guardian or upon any adult male member or servant of his family shall be deemed to be the service upon the minor.
(4)Any person aggrieved by the order of the Collector under sub-section (2) may, within a period of thirty days from the date of the service of the order, prefer an appeal to the Tribunal within whose jurisdiction the property is situate 3****.
(5)Where an order passed under sub-section (2) has not been complied with and the time for appealing against such order has expired without an appeal having been preferred or the appeal, if any, preferred within that time has been dismissed, the Collector shall obtain possession of the property in respect of which the order has been made, using such force, if any, as may be necessary for the purpose and deliver it to the Board.
(6)In exercising his functions under this section the Collector shall be guided by such rules as may be provided by regulations.

Summary

If waqf property is transferred to someone without the Board's permission, the Board can take action to get it back.
The Board must first hold an inquiry to confirm the property was transferred illegally in violation of the rules.
Once satisfied, the Board sends a written request to the Collector, who is the local government head of the district.
The Collector then orders the person currently living there or using the property to give it back to the Board within thirty days.
If the person does not leave and does not win an appeal, the Collector has the power to use force to remove them and return the property.